Bill Text: TX HB5404 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the creation of the Williamson County Municipal Utility District No. 49; 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: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB5404 Detail]
Download: Texas-2023-HB5404-Comm_Sub.html
| By: Wilson (Senate Sponsor - Schwertner) | H.B. No. 5404 | |
| (In the Senate - Received from the House May 15, 2023; | ||
| May 15, 2023, read first time and referred to Committee on Local | ||
| Government; May 19, 2023, reported favorably by the following | ||
| vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.) | ||
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| relating to the creation of the Williamson County Municipal Utility | ||
| District No. 49; 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 8010A to read as follows: | ||
| CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 49 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8010A.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. 49. | ||
| Sec. 8010A.0102. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8010A.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. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section | ||
| 8010A.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. 8010A.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. 8010A.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. 8010A.0201. GOVERNING BODY; TERMS. (a) The district | ||
| is governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8010A.0202, directors | ||
| serve staggered four-year terms. | ||
| Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Mark Tickner; | ||
| (2) Nick Easley; | ||
| (3) Walter Duke; | ||
| (4) Zachary Summers; and | ||
| (5) Noah Terrazas. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 8010A.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 8010A.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 8010A.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. 8010A.0301. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8010A.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. 8010A.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. 8010A.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. 8010A.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. 8010A.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 | ||
| 8010A.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. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8010A.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. 8010A.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. 8010A.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. 8010A.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. 8010A.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. 49 initially includes all the territory contained in the | ||
| following area: | ||
| TRACT 1: | ||
| A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS | ||
| SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, | ||
| TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS | ||
| FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE | ||
| DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT OF LAND | ||
| SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO. | ||
| 172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 60.57 ACRE | ||
| TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN | ||
| VOLUME 528, PAGE 376 OF THE DEED RECORDS OF WILLIAMSON COUNTY, | ||
| TEXAS. SAID 59.891 ACRE TRACT BEING MORE FULLY DESCRIBED AS | ||
| FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM | ||
| ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF | ||
| 1983 NAD 83 (NA2011) EPOCH 2010.00.: | ||
| BEGINNING at a 1/2" iron rod found in the west right-of-way | ||
| line of County Road 308, said point being the northeast corner of | ||
| said 60.57-acre tract, for the northeast corner and POINT OF | ||
| BEGINNING hereof; | ||
| THENCE S 20°52'36" E, with the west right-of-way line of said | ||
| County Road 308, same being the east boundary line of said | ||
| 60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod with | ||
| yellow cap marked "Pape-Dawson" set in the north right-of-way line | ||
| of County Road 305, same being the north boundary line of a called | ||
| 0.5039 acre tract of land conveyed to Williamson County, Texas by | ||
| instrument recorded in Document No. 9820041 of the Official Public | ||
| Records of said County, for the southeast corner hereof; | ||
| THENCE S 68°212'37" W, with the north boundary line of said | ||
| 0.5039-acre tract, same being the north right-of-way line of said | ||
| County Road 305, through the interior of said 60.57-acre tract, a | ||
| distance of 1258.78 feet to a 1/2" iron rod found on a point in the | ||
| east boundary line of a called 3.92-acre tract of land conveyed to | ||
| Gary R. Sheley and Rosita R. Sheley, by instrument recorded in | ||
| Document No. 2009090657 of said Official Public Records, same being | ||
| the west boundary line of said 60.57-acre tract, for the southwest | ||
| corner hereof; | ||
| THENCE N 21°39'56" W, departing the north right-of-way line of | ||
| said County Road 305, with, in part, the east boundary lines of: | ||
| said 3.92-acre tract, a called 10.00-acre tract of land conveyed to | ||
| Dudley K. Bukowsky and Tami Bukowsky by instrument recorded in | ||
| Document No. 2008016420 of said Official Public Records, Lot 5, | ||
| Bukowsky Subdivision, recorded in Document No. 2019064044 of said | ||
| Official Public Records, a called 10.51-acre tract of land conveyed | ||
| to Kerry Conaway, Jr., by instrument recorded in Document | ||
| No. 2006005509 of said Official Public Records and a called | ||
| 10.51-acre tract of land conveyed to Darral Henderson and Elaine | ||
| Henderson by instrument recorded in Document No. 2006032860 of said | ||
| Official Public Records, a distance of 2053.57 feet to a 1/2" iron | ||
| rod with yellow cap marked "Pape-Dawson" set, for the southwest | ||
| corner of a called 60.99-acre tract of land conveyed to Wayne E. | ||
| Cavalier and Cyndi Pietan Cavalier, by instrument recorded in | ||
| Document No. 2012099245 of said Official Public Records, for the | ||
| northwest corner hereof; | ||
| THENCE N 68°48'58" E, with the south boundary line of said | ||
| 60.99-acre tract, same being the north boundary line of said | ||
| 60.57-acre tract, a distance of 1286.98 feet to the POINT OF | ||
| BEGINNING and containing 59.891 acres of land in Williamson County, | ||
| Texas. Said tract being described in accordance with a survey | ||
| prepared by Pape Dawson Engineers, Inc. under Job No. 51303-00. | ||
| TRACT 2: | ||
| A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS | ||
| SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, | ||
| TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY | ||
| TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED | ||
| RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE TRACT OF LAND | ||
| SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO. | ||
| 172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 113 ACRE | ||
| TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN | ||
| VOLUME 486, PAGE 442 OF THE DEED RECORDS OF WILLIAMSON COUNTY, | ||
| TEXAS, SAID 110.720 ACRE TRACT BEING MORE FULLY DESCRIBED AS | ||
| FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM | ||
| ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF | ||
| 1983 NAD 83 (NA2011) EPOCH 2010.00.: | ||
| BEGINNING at a 1/2" iron rod with yellow cap marked | ||
| "Pape-Dawson" set in the east right-of-way line of County Road 308, | ||
| said point being the northwest corner of a called 169.5 acre tract | ||
| of land conveyed to R.D. Hopper and Margaret Hopper Letts by | ||
| instrument recorded in Volume 478, Page 349 of said Deed Records, | ||
| same being the southwest corner of said 113 acre tract, for the | ||
| southeast corner and POINT OF BEGINNING hereof; | ||
| THENCE N 21°22'58" W, with the east right-of-way line of said | ||
| County Road 308, same being the west boundary line of said 113-acre | ||
| tract, a distance of 2048.33 feet to a 5/8" iron rod found for the | ||
| southwest corner of a called 17.0 acre tract of land conveyed to | ||
| Gertrude Ann Braband by instrument recorded in Document | ||
| No. 2016033164 of the Official Public Records of said County, same | ||
| being the northwest corner of said 113-acre tract, for the | ||
| northwest corner hereof; | ||
| THENCE N 69°02'46" E, departing the east right-of-way line of | ||
| said County Road 308, with the south boundary line of said 17.0 acre | ||
| tract, same being the north boundary line of said 113 acre tract, | ||
| for a distance of 1268.96 feet to a 5/8" iron rod found for the | ||
| southeast corner of said 17.0 acre tract, same being an interior ell | ||
| corner in said 113 acre tract, for an ell corner hereof; | ||
| THENCE N 21°00'19" W, with the east boundary line of said 17.0 | ||
| acre tract, same being a west boundary line of said 113 acre tract, | ||
| a distance of 582.80 feet to a 1/2" iron rod found for the southwest | ||
| corner of a called 64.797 acre tract of land conveyed to Jose G. | ||
| Garcia, by instrument recorded in Document No. 2017005987 of said | ||
| Official Public records, same being the southeast corner of called | ||
| 10.789 acre tract of land conveyed to the Belinda Ramsey Living | ||
| Trust, by instrument recorded in Document No. 2019022035 of said | ||
| Official Public Records, same being the northeast corner of said | ||
| 17.0 acre tract, also being the northernmost northwest corner of | ||
| said 113 acre tract, for the northernmost northwest hereof; | ||
| THENCE N 68°21'45" E, with the south boundary line of said | ||
| 64.797 acre tract, same being the north boundary line of said 113 | ||
| acre tract, a distance of 993.87 feet to a 1/2" iron rod found being | ||
| the northwest corner of a called 177.5 acre tract of land conveyed | ||
| to Charles D. Tonn and Ronald D. Tonn by instrument recorded in | ||
| Document No. 9601061 of said Official Public Records, same being | ||
| the north east corner of said 113-acre tract, for the northeast | ||
| corner hereof: | ||
| THENCE S 21°08'10" E, departing the south boundary line of | ||
| said 64.797 acre tract, with the west boundary line of said 177.5 | ||
| acre tract, same being the east boundary line of said 113 acre | ||
| tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow cap | ||
| marked "Pape-Dawson" set in the north boundary line of said 169.5 | ||
| acre tract, said point being the southwest corner of said 177.5 acre | ||
| tract, same being the southeast corner of said 113 acre tract, for | ||
| the southeast corner hereof; | ||
| THENCE with the north boundary line of said 169.5 acre tract, | ||
| same being the south boundary line of said 113 acre tract, the | ||
| following three (3) courses and distances: | ||
| 1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron rod | ||
| with yellow cap marked "Pape-Dawson" set for an angle point hereof, | ||
| 2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron rod | ||
| with yellow cap marked "Pape-Dawson" set for an angle point hereof, | ||
| and | ||
| 3. S 68°47'37" W, a distance of 1275.22 feet to the POINT OF | ||
| BEGINNING and containing 110.720 acres of land in Williamson | ||
| County, Texas. Said tract being described in accordance with a | ||
| survey prepared by Pape Dawson Engineers, Inc. under Job | ||
| No. 51303-00. | ||
| TRACT 3: | ||
| A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS | ||
| SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS, | ||
| BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. HOPPER AND | ||
| MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND SITUATED IN THE | ||
| ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON | ||
| COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO | ||
| R.D. HOPPER AND MARGARET HOPPER LETT BY INSTRUMENT RECORDED IN | ||
| VOLUME 478, PAGE 349 OF THE DEED RECORDS OF WILLIAMSON COUNTY, | ||
| TEXAS. SAID 172.890 ACRE TRACT BEING MORE FULLY DESCRIBED AS | ||
| FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM | ||
| ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF | ||
| 1983 NAD 83 (NA2011) EPOCH 2010.00.: | ||
| COMMENCING at a 60D nail found in the north right-of-way line | ||
| of County Road 305, same being the southeast corner of a called 0.58 | ||
| acre tract of land conveyed to Dewey Roger Blackman by instrument | ||
| recorded in Volume 742, Page 777 of said Deed Records, also being | ||
| the southwest corner of a called 47.5 acre tract recorded in Volume | ||
| 734, Page 931 of said Deed Records; | ||
| THENCE S 68°58'06" W, departing the west boundary line of said | ||
| 47.5 acre tract, with the north right-of-way line of said County | ||
| Road 305, same being the south boundary line of said 0.58 acre | ||
| tract, a distance of 110.09 feet to a 1/2" iron rod with yellow cap | ||
| marked "Pape-Dawson" set on the southwest corner of said 0.58 acre | ||
| tract, same being the southeast corner of said 169.5 acre tract, for | ||
| the southeast corner and POINT OF BEGINNING hereof; | ||
| THENCE S 68°58'06" W, continuing with the north right-of-way | ||
| line of said County Road 305, and in part, crossing through the | ||
| right-of-way of County Road 308, same being the south boundary line | ||
| of said 169.5-acre tract, a distance of 3188.95 feet to an 1/2" iron | ||
| rod with yellow cap marked "Pape-Dawson" set for the southwest | ||
| corner hereof; | ||
| THENCE N 21°05'48" W, with the west boundary line of said | ||
| 169.5-acre tract, and in part, crossing through the right-of-way of | ||
| said County Road 308, a distance of 2071.04 feet to a 1/2" iron rod | ||
| with yellow cap marked "Pape-Dawson" set, being the southwest | ||
| corner of a called 113 acre tract of land conveyed to the Letts | ||
| Family Trust, by instrument recorded in Volume 486, Page 442 of said | ||
| deed records, same being the northwest corner of said 169.5-acre | ||
| tract, for the northwest corner hereof, from which a 5/8" iron rod | ||
| found for the northwest corner of said 113 acre tract bears N | ||
| 21°22'58" W, 2048.33 feet; | ||
| THENCE departing the east right-of-way line of said County | ||
| Road 308, with, in part, the south boundary line of said 113-acre | ||
| tract and, in part, the south boundary line of a called 177.5 acre | ||
| tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by | ||
| instrument recorded in Document No. 9601061 of the Official Public | ||
| Records of said County, same being the north boundary line of said | ||
| 169.5-acre tract, the following three (3) courses and distances: | ||
| 1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron | ||
| rod with yellow cap marked "Pape-Dawson" set for an angle point | ||
| hereof, | ||
| 2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron rod | ||
| with yellow cap marked "Pape-Dawson" set for an angle point hereof, | ||
| and | ||
| 3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron | ||
| rod with yellow cap marked "Pape-Dawson" set being the northeast | ||
| corner of said 169.5-acre tract, for the northeast corner hereof; | ||
| THENCE S 22°06'37" E, with the south boundary line of said | ||
| 177.5-acre tract, same being the east boundary line of said | ||
| 169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod with | ||
| yellow cap marked "Pape-Dawson" set in the north boundary line of a | ||
| called 50-acre tract of land conveyed to Cheryl A. Chamberlain, by | ||
| instrument recorded in Document No. 2013019239 of the Official | ||
| Public Records of said County, same being an angle point in the east | ||
| boundary line of said 169.5-acre tract, for an angle point hereof; | ||
| THENCE S 68°53'39" W, with the north boundary line of said | ||
| 50-acre tract, same being the east boundary line of said 169.5-acre | ||
| tract, a distance of 419.61 feet to a 1/2" iron rod with yellow cap | ||
| marked "Pape-Dawson" set, being the northwest corner of said | ||
| 50-acre tract, same being an angle point in the east boundary line | ||
| of said 169.5-acre tract, for an angle point hereof; | ||
| THENCE S 20°59'42" E, with, in part, the west boundary line of | ||
| said 50-acre tract and, in part, the west boundary line of a called | ||
| 47.5 acre tract of land conveyed to D.C. Blackman, by instrument | ||
| recorded in Volume 734, Page 931 of said Deed Records and, in part, | ||
| the west boundary line of the aforementioned 0.58-acre tract, same | ||
| being the east boundary line of said 169.5-acre tract, a distance of | ||
| 2080.08 feet to the POINT OF BEGINNING and containing 172.890 acres | ||
| of land in Williamson County, Texas. Said tract being described in | ||
| accordance with a survey prepared by Pape Dawson Engineers, Inc. | ||
| under Job No. 51303-00. | ||
| 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 | ||
| 8010A, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 8010A.0306 to read as | ||
| follows: | ||
| Sec. 8010A.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. | ||
| * * * * * | ||
