Bill Text: TX HB5395 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the creation of the Fort Bend County Water Control and Improvement District No. 11; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-11 - Effective immediately [HB5395 Detail]

Download: Texas-2023-HB5395-Enrolled.html

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H.B. No. 5395

AN ACT
relating to the creation of the Fort Bend County Water Control and
Improvement District No. 11; 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 I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9064 to read as follows:
CHAPTER 9064. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 11
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9064.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Fort Bend County Water
Control and Improvement District No. 11.
Sec. 9064.0102. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9064.0103. 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. 9064.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
9064.0103 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. 9064.0105. 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 water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution, with respect to the gathering, conducting,
diverting, and control of local storm water or other harmful
excesses of water; 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. 9064.0106. 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. 9064.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9064.0202, directors
serve staggered four-year terms.
Sec. 9064.0202. 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 9064.0103; 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 9064.0103 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 9064.0103; 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. 9064.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9064.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. (a) The district has the powers and duties
provided by the general law of this state applicable to water
control and improvement districts created under Section 59, Article
XVI, Texas Constitution, including Chapters 49 and 51, Water Code,
and specifically including the powers and duties authorized under
Subchapter H, Chapter 51, Water Code.
(b) Notwithstanding any other law, the district may not
construct, finance, own, or operate facilities necessary to provide
water or sanitary sewer services.
Sec. 9064.0303. 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. 9064.0304. 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. 9064.0305. 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 42.042 or 42.0425, Local Government Code, and
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 9064.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district boundaries to acquire a site or easement for:
(1) a road project authorized by Section 9064.0303; or
(2) a recreational facility as defined by Section
49.462, Water Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9064.0401. 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 9064.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, 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. 9064.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9064.0401, 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. 9064.0403. 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. 9064.0501. 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. 9064.0502. 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 Chapter 51, Water Code.
Sec. 9064.0503. 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.
Sec. 9064.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
The district may develop recreational facilities and issue bonds
for recreational facilities as provided by Chapter 49, Water Code,
regardless of whether the district's territory overlaps with the
territory of a political subdivision that is authorized to develop
recreational facilities and issue bonds for recreational
facilities under Chapter 49, Water Code.
(b) The authority of the district to develop recreational
facilities and issue bonds for recreational facilities under this
section does not limit the authority of another political
subdivision whose territory the territory of the district may
overlap, wholly or partly, to develop recreational facilities and
issue bonds for recreational facilities under Chapter 49, Water
Code.
SECTION 2. The Fort Bend County Water Control and
Improvement District No. 11 initially includes all the territory
contained in the following area:
Being a 721.9 acre tract of land (Tract A) located in the W.
Morton Survey, A-62, an 812.1 acre tract of land (Tract B), a 79.97
acre tract of land (Tract C) and a 3.019 acre tract of land (Tract D)
located in the J. Wilkins Survey, A-96 and the J.H. Cartwright
Survey, A-16 in Fort Bend County, Texas; said 721.9 acre tract being
all of the remainder of "TRACT 3" (called 575.744 acres) and all of
"TRACT 4" (called 49.1434 acres) recorded in Clerk's File Number
9632563 of the Official Records of Fort Bend County (O.R.F.B.C.),
all of a called 103.039 acre tract of land recorded as "TRACT THREE"
in Clerk's File Number 2018058651 of the O.R.F.B.C., and all of the
remainder of a called 19.4224 acre tract of land recorded in Clerk's
File Number 2002071030 of the O.R.F.B.C.; said 812.1 acre tract
being all of a called 317.812 acre tract of land and all of a called
186.183 acre tract of land recorded in Clerk's File Number
2018058651 of the O.R.F.B.C., and all of "TRACT 9" (called 307.968
acres) recorded in Clerks File Number 9632563 of the O.R.F.B.C.,
said 79.97 acre tract being all of a called 79.967 acre tract of
land recorded in Clerk's File Number 2018058651 of the O.R.F.B.C.,
and said 3.019 acre tract being all of a called 3.019 acre tract of
land recorded in Clerk's File Number 2018058651 of the O.R.F.B.C.;
said tracts being more particularly described by metes and bounds
as follows (all bearings are based on the Texas Coordinate System,
South Central Zone):
TRACT "A": 721.9 ACRES
Beginning at a 5/8-inch iron rod found for the northwest
corner of said 575.744 acre tract and the southwest corner of
Plantation Crossing, a subdivision recorded in Slide Number 2047A
of the Fort Bend County Plat Records (F.B.C.P.R.), same being on the
east line of the Replat of Pecan Grove Plantation Section 5, a
subdivision recorded in Slide Number 685A of the F.B.C.P.R.;
1. Thence, with the common line of said 575.744 acre tract
and said Plantation Crossing and the south line of Reserve "B-2" of
Plantation Crossing Subdivision Partial Replat No. 1 of
Unrestricted Reserve "B", a subdivision recorded in Plat Number
20100032 of the F.B.C.P.R., North 87 degrees 38 minutes 06 seconds
East, a distance of 1,888.98 feet to a 5/8-inch iron rod (bent)
found at the northeast corner of said 575.744 acre tract and the
southeast corner of said Plantation Crossing, same being on the
west Right-of-Way (R.O.W.) line of Harlem Road (width
varies-minimum 140-feet wide) as recorded in Volume 63, Page 203 of
the Fort Bend County Deed Records (F.B.C.D.R.) and in Clerk's File
Numbers 2010100611, 2011015402 and 2011015403 of the O.R.F.B.C.;
Thence, with said west R.O.W. line, the following four (4)
courses:
2. South 03 degrees 26 minutes 34 seconds East, a distance
of 1,780.95 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
INC" set;
3. South 02 degrees 54 minutes 24 seconds East, a distance
of 599.47 feet to a 5/8-inch iron rod with cap stamped "LANDTECH"
found;
4. South 02 degrees 21 minutes 25 seconds East, a distance
of 329.14 feet to a 5/8-inch iron rod with cap stamped "LANDTECH"
found;
5. South 02 degrees 07 minutes 07 seconds East, a distance
of 2,791.77 feet to a 3/4-inch iron rod with cap stamped "WEISSER
ENG" found at the northeast corner of a called 2.817 acre tract of
land recorded in Clerk's File Number 2021161425 of the O.R.F.B.C.;
6. Thence, with the north line of said 2.817 acre tract,
South 87 degrees 51 minutes 34 seconds West, a distance of 875.94
feet to a 3/4-inch iron rod with cap stamped "WEISSER ENG" found at
the northwest corner of said 2.817 acre tract, same being on the
east line of aforesaid 103.039 acre tract;
7. Thence, with the common line of said 2.817 acre tract and
said 103.039 acre tract, South 01 degrees 46 minutes 00 seconds
East, a distance of 139.87 feet to a 1/2-inch iron rod found at the
southwest corner of said 2.817 acre tract and the northwest corner
of a called 10.00 acre tract of land recorded in Volume 2491, Page
256 of the F.B.C.D.R.;
8. Thence, with the common line of said 103.039 acre tract
and said 10.00 acre tract, South 01 degrees 53 minutes 54 seconds
East, a distance of 496.44 feet to a 1-inch iron pipe found at the
southwest corner of said 10.00 acre tract and the northwest corner
of aforesaid 49.1434 acre tract;
9. Thence, with the common line of said 10.00 acre tract and
said 49.1434 acre tract, North 87 degrees 52 minutes 26 seconds
East, a distance of 878.71 feet to a 5/8-inch iron rod found at the
southeast corner of said 10.00 acre tract and the northeast corner
of said 49.1434 acre tract, same being on the west R.O.W. line of
aforesaid Harlem Road;
10. Thence, with said west R.O.W. line, South 02 degrees 07
minutes 07 seconds East, a distance of 2,470.38 feet to a 5/8-inch
iron rod with cap stamped "WINDROSE" found at the southeast corner
of said 49.1434 acre tract and the northeast corner of a called
6.170 acre tract of land recorded in Clerk's File Number 2013073107
of the O.R.F.B.C.;
11. Thence, with the common line of said 49.1434 acre tract
and said 6.170 acre tract and with the north line of the remainder
of a called 6.555 acre tract of land recorded in Clerk's File Number
2008022579 of the O.R.F.B.C., South 87 degrees 54 minutes 25
seconds West, a distance of 887.56 feet to a 3-inch iron pipe found
at the southwest corner of said 49.1434 acre tract and the northwest
corner of said 6.555 acre tract, same being on the east line of
aforesaid 103.039 acre tract;
12. Thence, with the common line of said 103.039 acre tract
and said 6.555 acre tract and with the west line of said 6.170 acre
tract, South 01 degrees 54 minutes 40 seconds East, a distance of
372.49 feet to a 3/4-inch iron rod found at the southeast corner of
said 103.039 acre tract and the southwest corner of said 6.170 acre
tract, same being on the north line of the Union Pacific Railroad
tract (100-feet wide) as recorded in Volume 15, Page 218, Volume 59,
Page 315, Volume 64, Page 182 and Volume 95, Page 24 of the
F.B.C.D.R;
13. Thence, with the common line of said Railroad tract and
said 103.039 acre tract and with the south line of aforesaid 575.744
acre tract, South 81 degrees 27 minutes 29 seconds West, a distance
of 5,473.20 feet to a 1-inch iron pipe found on the east R.O.W. line
of Pitts Road (width varies) as recorded in Clerk's File Number
9509356 of the O.R.F.B.C.;
14. Thence, with said east R.O.W. line, North 02 degrees 09
minutes 49 seconds West, a distance of 3,187.67 feet to a 1-inch
iron pipe (bent) found on the common line of aforesaid 575.744 acre
tract and a called 39.8846 acre tract of land recorded in Volume
2166, Page 1939 of the O.R.F.B.C.;
15. Thence, with said common line, North 89 degrees 03
minutes 34 seconds East, a distance of 1,465.14 feet to a 1-inch
iron pipe found at the southeast corner of said 39.8846 acre tract
and the southwest corner of a called 4.6051 acre tract of land
recorded in Clerk's File Number 2005101569 of the O.R.F.B.C.;
16. Thence with the common line of said 575.744 acre tract
and said 4.6051 acre tract and with the south line of a called
3.7506 acre tract of land and a called 3.7803 acre tract of land
also recorded in Clerk's File Number 2005101569 of the O.R.F.B.C.,
North 88 degrees 53 minutes 30 seconds East, a distance of 759.44
feet to a 1-inch iron pipe found at the southeast corner of said
3.7803 acre tract and the southwest corner of The Grove Section 5, a
subdivision recorded in Slide Number 554A of the F.B.C.P.R.;
17. Thence, with the common line of said subdivision and
said 575.744 acre tract and with the south line of a called 22.0959
acre tract of land recorded in Clerk's File Number 2015102372 of the
O.R.F.B.C., North 88 degrees 51 minutes 35 seconds East, a distance
of 1,637.79 feet to a 5/8-inch iron rod with cap stamped "COTTON
SURVEYING" found at the southeast corner of said 22.0959 acre
tract;
Thence, with the east line of said 22.0959 acre tract, the
following three (3) courses:
18. North 02 degrees 37 minutes 41 seconds West, a distance
of 4,075.39 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
INC" set;
19. North 87 degrees 13 minutes 51 seconds East, a distance
of 599.62 feet to a 5/8-inch iron rod with cap found;
20. North 03 degrees 14 minutes 20 seconds West, a distance
of 513.53 feet to a 1/2-inch iron pipe found at the northeast corner
of said 22.0959 acre tract and the southeast corner of Pecan Grove
Plantation Section 4, a subdivision recorded in Volume 27, Page 6 of
the F.B.C.P.R., same being on the west line of aforesaid 575.744
acre tract;
21. Thence, with the common line of said 575.744 acre tract
and said subdivision and with the east line of aforesaid Pecan Grove
Plantation Section 5, North 02 degrees 52 minutes 04 seconds West, a
distance of 1,872.48 feet to the Point of Beginning and containing
721.9 acres of land.
TRACT B: 812.1 ACRES
Beginning at a 5/8-inch iron rod found for the northwest
corner of aforesaid 317.812 acre tract and the southwest corner of a
called 145.368 acre tract of land recorded in Clerk's File Number
2017087205 of the O.R.F.B.C., same being on the east R.O.W. line of
aforesaid Harlem Road;
1. Thence, with the north line of said 317.812 acre tract,
the north line of aforesaid 307.968 acre tract, the north line of
aforesaid 186.183 acre tract, the south line of said 145.368 acre
tract and the south line of a called 143.287 acre tract recorded in
said Clerk's File Number 2017087205 of the O.R.F.B.C., North 86
degrees 48 minutes 57 seconds East, a distance of 6,884.55 feet to a
5/8-inch iron rod found at the northeast corner of said 186.183 acre
tract and the southeast corner of said 143.287 acre tract, same
being on the west R.O.W. line of the Grand Parkway (Highway 99)
(width varies) as recorded in Clerk's File Number 9830483 of the
O.R.F.B.C.;
Thence, with said west R.O.W. line, the following six (6)
courses:
2. South 42 degrees 12 minutes 55 seconds East, a distance
of 228.10 feet to a TXDOT Disc found;
3. 1,560.21 feet along the arc of a curve to the right, said
curve having a central angle of 16 degrees 01 minutes 18 seconds, a
radius of 5,579.59 feet and a chord that bears South 34 degrees 12
minutes 17 seconds East, a distance of 1,555.13 feet to TXDOT Disc
found;
4. South 26 degrees 11 minutes 38 seconds East, a distance
of 788.16 feet to a 1/2-iron rod found;
5. South 88 degrees 31 minutes 13 seconds West, a distance
of 66.04 feet to a TXDOT Disc found;
6. South 26 degrees 12 minutes 25 seconds East, a distance
of 1,235.45 feet to a TXDOT Disc found;
7. South 17 degrees 52 minutes 00 seconds East, at a
distance of 560.55 feet passing a 5/8-inch iron rod with cap found
and continuing for a total distance of 621.35 feet to the southeast
corner of aforesaid 186.183 acre tract, same being on the north line
of aforesaid Union Pacific Railroad (75-feet wide) as recorded in
Volume 15, Page 218, Volume 59, Page 315, Volume 59, Page 183 and
Volume 95, Page 24 of the F.B.C.D.R;
8. Thence, with the common line of said 186.183 acre tract
and said Railroad tract and with the south line of aforesaid 307.968
acre tract and aforesaid 317.812 acre tract, South 81 degrees 27
minutes 54 seconds West, a distance of 8,839.89 feet to a 5/8-inch
iron rod with cap stamped "COSTELLO INC" set for the southwest
corner of said 317.812 acre tract, being on the east R.O.W. line of
aforesaid Harlem Road;
9. Thence, with said east R.O.W. line, North 02 degrees 07
minutes 07 seconds West, a distance of 4,796.72 feet to the Point of
Beginning and containing 812.1 acres of land.
TRACT C: 79.97 ACRES
Beginning at the northwest corner of aforesaid 79.967 acre
tract and the southwest corner of Windsor Estates Sec 3, a
subdivision recorded in Plat Number 20140040 of the F.B.C.P.R.,
same being on the northeasterly R.O.W. line of aforesaid Grand
Parkway, from which a 5/8-inch iron rod found bears S58°28'30"E ~
0.60';
1. Thence, with the north line of said 79.967 acre tract,
the south line of said Sec 3 and the south line of Windsor Estates
Sec 1, a subdivision recorded in Plat Number 20130085 of the
F.B.C.P.R., North 86 degrees 48 minutes 57 seconds East, a distance
of 2,061.83 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
INC" set at the northeast corner of said 79.967 acre tract, same
being on the west R.O.W. line of F.M. 1464 (width varies) as
recorded in Clerk's File Numbers 2010065925, 2010067366 and
2010054458 of the O.R.F.B.C.;
Thence, with said west R.O.W. line, the following eight (8)
courses:
2. South 02 degrees 29 minutes 10 seconds East, a distance
of 1,931.46 feet to a 5/8-inch iron rod found;
3. South 87 degrees 34 minutes 52 seconds West, a distance
of 238.37 feet to a 5/8-inch iron rod found (bent);
4. South 02 degrees 28 minutes 00 seconds East, a distance
of 373.47 feet to a TXDOT Disc found;
5. South 58 degrees 47 minutes 14 seconds East, a distance
of 204.28 feet to a 5/8-inch iron rod with cap (bent) found;
6. South 02 degrees 27 minutes 37 seconds East, a distance
of 318.23 feet to a 5/8-inch iron rod found;
7. South 25 degrees 12 minutes 50 seconds East, a distance
of 137.03 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
INC" set;
8. South 02 degrees 27 minutes 37 seconds East, a distance
of 64.38 feet to a 5/8-inch iron rod found that bears S61°52'50"E ~
1.0';
9. 483.56 feet along the arc of a curve to the right, said
curve having a central angle of 65 degrees 11 minutes 24 seconds, a
radius of 425.00 feet and a chord that bears South 48 degrees 38
minutes 51 seconds West, a distance of 457.89 feet to the east
R.O.W. line of aforesaid Grand Parkway, from which a TXDOT Disc
found bears N77°48'02"E ~ 0.7';
Thence, with the east R.O.W. line of said Grand Parkway, the
following four (4) courses:
10. North 26 degrees 12 minutes 25 seconds West, a distance
of 1,046.40 feet to a TXDOT Disc found;
11. South 88 degrees 31 minutes 13 seconds West, a distance
of 44.09 feet to a TXDOT Disc found;
12. North 26 degrees 11 minutes 38 seconds West, a distance
of 926.23 feet to a TXDOT Disc found;
13. 1,629.01 feet along the arc of a curve to the left, said
curve having a central angle of 15 degrees 52 minutes 28 seconds, a
radius of 5,879.59 feet and a chord that bears North 34 degrees 07
minutes 52 seconds West, a distance of 1,623.81 feet to the Point of
Beginning and containing 79.97 acres of land.
TRACT D: 3.019 ACRES
Beginning at a TXDOT Disc found for at north end of a cutback
at the intersection of the southeast R.O.W. line of aforesaid F.M.
1464 with the east R.O.W. line of aforesaid Grand Parkway and being
a northwest corner of aforesaid 3.019 acre tract;
Thence, with the southeast R.O.W. line of said F.M. 1464, the
following seven (7) courses:
1. 294.49 feet along the arc of a curve to the left, said
curve having a central angle of 30 degrees 46 minutes 40 seconds, a
radius of 548.22 feet and a chord that bears North 66 degrees 01
minutes 51 seconds East, a distance of 290.96 feet to a TXDOT Disc
found;
2. South 89 degrees 19 minutes 20 seconds East, a distance
of 44.86 feet to a TXDOT Disc found;
3. South 47 degrees 43 minutes 32 seconds East, a distance
of 33.66 feet to a 5/8-inch iron rod found that bears N75°36'31"W ~
1.5';
4. South 02 degrees 21 minutes 21 seconds East, a distance
of 204.21 feet to a 5/8-inch iron rod found;
5. South 04 degrees 43 minutes 36 seconds East, a distance
of 239.96 feet to a TXDOT Disc found;
6. South 38 degrees 30 minutes 36 seconds West, a distance
of 87.66 feet to a TXDOT Disc found;
7. South 81 degrees 19 minutes 35 seconds West, a distance
of 89.98 feet to a 5/8-inch iron rod found in concrete at the east
R.O.W. line of aforesaid Grand Parkway;
8. Thence, with said east R.O.W. line, North 32 degrees 31
minutes 32 seconds West, a distance of 451.59 feet to a 5/8-inch
iron rod with cap stamped "COSTELLO INC" set at the south end of
aforesaid cutback line;
Thence, with said cutback line, North 24 degrees 27 minutes
31 seconds East, a distance of 54.43 feet to the Point of Beginning
and containing 3.019 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) Section 9064.0306, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 9064, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by amending Section 9064.0306 to read as follows:
Sec. 9064.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) 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. 5395 was passed by the House on May 6,
2023, by the following vote: Yeas 101, Nays 33, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5395 was passed by the Senate on May
21, 2023, by the following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor