Bill Text: TX SB1138 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 68; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-22 - Left pending in committee [SB1138 Detail]
Download: Texas-2015-SB1138-Introduced.html
| 84R5616 AAF-F | ||
| By: Taylor of Galveston | S.B. No. 1138 | |
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| relating to the creation of the Brazoria County Municipal Utility | ||
| District No. 68; granting a limited power of eminent domain; | ||
| providing authority to issue bonds; providing authority to impose | ||
| assessments, fees, or 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 8493 to read as follows: | ||
| CHAPTER 8493. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 68 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8493.001. 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 Brazoria County Municipal | ||
| Utility District No. 68. | ||
| Sec. 8493.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8493.003. CONFIRMATION AND DIRECTORS' 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. 8493.004. 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. 8493.005. 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. | ||
| Sec. 8493.006. CONSENT OF MUNICIPALITY. Municipal consent | ||
| to the creation of the district acts as municipal consent to the | ||
| creation of any new district created by the division of the district | ||
| under Section 8493.107. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8493.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8493.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 8493.052. 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 8493.003; 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 8493.003 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 8493.003; 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. 8493.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8493.102. 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. 8493.103. LEVEE IMPROVEMENT DISTRICT POWERS AND | ||
| DUTIES. The district has the powers and duties provided by the | ||
| general law of this state, including Chapter 57, Water Code, | ||
| applicable to levee improvement districts created under Section 59, | ||
| Article XVI, Texas Constitution. | ||
| Sec. 8493.104. 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. 8493.105. 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. 8493.106. 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. 8493.107. DIVISION OF DISTRICT. (a) The district may | ||
| be divided into two or more new districts only if: | ||
| (1) the district has no outstanding bonded debt; and | ||
| (2) the district is not imposing ad valorem taxes. | ||
| (b) 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. | ||
| (c) Any 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 creating this | ||
| chapter. | ||
| (d) 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. | ||
| (e) The board may adopt an order dividing the district | ||
| before or after the date the board holds an election under Section | ||
| 8493.003 to confirm the creation of the district. | ||
| (f) An order dividing the district shall: | ||
| (1) name each new district; | ||
| (2) include the metes and bounds description of the | ||
| territory of each new district; | ||
| (3) appoint temporary directors for each new district; | ||
| and | ||
| (4) provide for the division of assets and liabilities | ||
| between or among the new districts. | ||
| (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) Any new district created by the division of the district | ||
| shall hold a confirmation and directors' election as required by | ||
| Section 8493.003. | ||
| (i) If the creation of the new district is confirmed, the | ||
| new district shall provide the election date and results to the | ||
| commission. | ||
| (j) Any 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. | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8493.151. 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 8493.153. | ||
| (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. 8493.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8493.151, 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. 8493.153. 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. 8493.201. 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. 8493.202. 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. 8493.203. 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 Brazoria County Municipal Utility District | ||
| No. 68 initially includes all the territory contained in the | ||
| following area: | ||
| 5,440.64 acres of land, more or less, being part of the Sam T. | ||
| Angier Survey, Abstract 7, part of the L.P. Ehrmann Survey No. 24, | ||
| Abstract 521, all of the H.T. & B.R.R. Co. Survey No. 23, Abstract | ||
| 248, all of the L.P. Ehrmann Survey No. 22, Abstract 519, all of the | ||
| H.T. & B.R.R. Co. Survey No. 25, Abstract 277, part of the L.P. | ||
| Ehrmann Survey No. 18, Abstract 520, part of the Day Land and Cattle | ||
| Company Survey, Abstract 602, part of the Hooper and Wade Survey | ||
| No. 11, Abstract 433, part of the H.T. & B.R.R. Co. Survey No. 21, | ||
| Abstract 247, part of the L.P. Ehrmann Survey No. 26, Abstract 522, | ||
| part of the L.P. Ehrmann Survey No. 28, Abstract 523, all of the | ||
| L.P. Ehrmann Survey No. 30, Abstract 524 and part of the James L. | ||
| Holmes Hrs. Survey, Abstract 610, all being in Brazoria County, | ||
| Texas and being that portion of J.T. Garrett Ranch within the | ||
| aforesaid surveys lying Northwest of Austin Bayou and West of State | ||
| Highway No. 35, and being more particularly described as follows: | ||
| Beginning at an old 1-1/4 inch iron pipe set at the most west | ||
| corner of the Sam T. Angier Survey No. 7, said iron pipe having a | ||
| car axle driven inside; | ||
| THENCE N 62° 33' 40" E along the Northwest line of said Angier | ||
| Survey a distance of 6121.62 feet to a point for corner in drain | ||
| ditch from which an axle bears N 62° 33' 40" E a distance of 60.0 | ||
| feet: | ||
| THENCE S 64° 32' 36" E along the southerly line of a tract | ||
| deeded to W.L. Russell a distance of 6976.69 feet to the most south | ||
| corner of said Russell tract in the southeast line of the aforesaid | ||
| S.T. Angier Survey; | ||
| THENCE N 62° 33' 40" E along the southeast line of said survey | ||
| a distance of 102.99 feet to the most westerly corner of a 43.54 | ||
| acre tract heretofore deeded to Noel Adams and now owned by Van | ||
| Adams, set axle for corner; | ||
| THENCE S 66° 10' 21" E along the southerly line of said tract a | ||
| distance of 2779.15 feet to the most easterly corner of said Adams | ||
| tract in the southwest line of the Day Land and Cattle Company | ||
| Survey, Abstract 603 which is marked with a car axle; | ||
| THENCE S 27° 08' 49" E along the southwest line of said Day | ||
| Land and Cattle Company Survey a distance of 5363.78 feet to a car | ||
| axle set for the most easterly corner of the H.T. & B.R.R. Company | ||
| Survey No. 23 and the most northerly corner of the H.T. & B.R.R. Co. | ||
| Survey No. 17; | ||
| THENCE S 62° 43' 15" W along the common line between the | ||
| aforesaid surveys 17 and 23 a distance of 5632.99 feet to a car axle | ||
| at fence corner being the most southerly corner of the H.T. & B.R.R. | ||
| Co. Survey No. 23 and the most north corner of the L.P. Ehrmann | ||
| Survey No. 18; | ||
| THENCE S 27° 19' 28" E along the common line as fenced between | ||
| the H.T. & B.R.R. Co. Survey No. 17 and the L.P. Ehrmann Survey | ||
| No. 18 a distance of 4619.62 feet to a car axle set at fence corner | ||
| on the west right-of-way of State Highway No. 35; | ||
| THENCE S 40° 09' 49" W along the westerly right-of-way of | ||
| State Highway No. 35 a distance of 1789.41 feet to a concrete | ||
| right-of-way marker; | ||
| THENCE S 51° 32' 34" W -- 204.15 feet to another concrete | ||
| right-of-way marker; | ||
| THENCE S 40° 09' 49" W continuing along said westerly | ||
| right-of-way of State Highway No. 35 a distance of 1481.05 feet to | ||
| the center of Austin Bayou; | ||
| THENCE up the center of Austin Bayou with its meanders as | ||
| follows: | ||
| N 79° 14' 57" W -- 168.5 feet; | ||
| N 51° 24' 10" W - 117.01 feet; | ||
| N 71° 47' 57" W - 232.15 feet; | ||
| N 73° 22' 38" W - 129.08 feet; | ||
| N 70° 08' 27" W - 171.36 feet; | ||
| N 82° 32' 24" W - 164.92 feet; | ||
| N 70° 47' 37" W - 87.93 feet; | ||
| N 57° 19' 47" W - 137.37 feet; | ||
| N 40° 24' 28" W - 113.95 feet; | ||
| N 22° 42' 37" W - 69.26 feet; | ||
| N 11° 18' 45" W - 71.45 feet; | ||
| N 09° 27' 22" W - 104.10 feet; | ||
| N 01° 01' 10" E - 122.61 feet; | ||
| N 12° 53' 51" E - 94.0 feet; | ||
| N 18° 34' 45" E - 169.66 feet; | ||
| N 03° 04' 06" W - 73.07 feet; | ||
| N 39° 01' 42" W - 136.73 feet; | ||
| N 47° 19' 35" W - 218.02 feet; | ||
| N 31° 09' 43" W - 84.54 feet; | ||
| N 60° 53' 25" W - 287.43 feet; | ||
| N 75° 04' 25" W - 94.22 feet; | ||
| S 89° 03' 59" W - 198.33 feet; | ||
| S 75° 49' 14" W - 261.70 feet; | ||
| N 79° 00' 01" W - 52.65 feet; | ||
| N 59° 17' 22" W - 153.58 feet; | ||
| N 56° 12' 52" W - 275.24 feet; | ||
| N 66° 00' 15" W - 102.50 feet; | ||
| N 79° 08' 49" W - 244.77 feet; | ||
| N 53° 33' 45" W - 181.58 feet; | ||
| N 35° 25' 48" W - 129.04 feet; | ||
| N 60° 58' 32" W - 172.12 feet; | ||
| N 77° 39' 46" W - 108.25 feet; | ||
| N 83° 02' 29" W - 240.12 feet; | ||
| S 75° 46' 26" W - 140.24 feet to southwest line of the L.P. | ||
| Ehrmann Survey, Abstract 520, Brazoria County, Texas; | ||
| THENCE N 27° 20' 21" W - along said line as fenced a distance | ||
| of 3657.42 feet to a concrete monument at the most easterly corner | ||
| of the H.T. & B.R.R. Co. Survey, Abstract 247; | ||
| THENCE S 63° 18' 12" W along the southeast line of said survey | ||
| a distance of 968.16 feet to the center line of Austin Bayou from | ||
| which a concrete monument bears S 63° 18' 12" W - 46.0 feet; | ||
| THENCE up the center of Austin Bayou with its meanders as | ||
| follows: | ||
| N 51° 24' 06 W - 296.62 feet; | ||
| N 36° 08' 10" W - 122.46 feet; | ||
| N 65° 38' 02" W - 392.73 feet; | ||
| N 57° 55' 04" W - 294.12 feet; | ||
| N 46° 38' 08" W - 370.63 feet; | ||
| N 73° 42' 00" W - 60.0 feet; | ||
| S 67° 34' 11" W - 136.46 feet; | ||
| S 55° 57' 04" W - 235.66 feet; | ||
| S 70° 05' 11" W - 209.43 feet; | ||
| S 81° 55' 54" W - 216.80 feet; | ||
| S 66° 18' 43" W - 157.22 feet; | ||
| S 81° 55' 53" W - 175.68 feet; | ||
| S 70° 10' 43" W - 151.80 feet; | ||
| S 25° 06' 10" W - 154.03 feet; | ||
| S 72° 14' 24" W -- 37.74 feet; | ||
| S 83° 03' 41" W - 112.63 feet; | ||
| N 71° 56' 24" W - 161.70 feet; | ||
| N 60° 47' 02" W - 211.74 feet; | ||
| N 69° 23' 17" W - 129.00 feet; | ||
| N 89° 41' 37" W - 227.82 feet; | ||
| N 84° 36' 43" W - 354.10 feet; | ||
| N 78° 50' 02" W - 292.98 feet; | ||
| N 74° 29' 13" W - 277.22 feet; | ||
| N 74° 03' 54" W - 143.21 feet; | ||
| N 75° 10' 12" W - 181.07 feet; | ||
| S 87° 16' 28" W - 48.17 feet; | ||
| S 74° 19' 15" W - 139.72 feet; | ||
| N 81° 51' 33" W - 61.10 feet; | ||
| S 57° 23' 06" W - 44.60 feet; | ||
| N 73° 27' 38" W - 109.43 feet; | ||
| N 59° 03' 47" W - 263.95 feet; | ||
| N 50° 22' 21" W - 444.58 feet; | ||
| N 18° 10' 11" W - 180.20 feet; | ||
| N 07° 52' 01" W - 384.09 feet; | ||
| N 44° 23' 52" W - 153.52 feet; | ||
| N 07° 28' 28" W - 79.16 feet; | ||
| N 47° 12' 34" W - 205.70 feet; | ||
| N 19° 29' 47" W - 45.45 feet; | ||
| N 16° 36'' 47" E - 82.93 feet; | ||
| N 34° 32' 15" E - 157.31 feet; | ||
| N 01° 25' 49" W - 114.98 feet; | ||
| N 26° 57' 48" W - 175.49 feet; | ||
| N 13° 59' 54" W - 151.76 feet; | ||
| N 44° 39' 30" W - 76.95 feet; | ||
| N 37° 35' 48" W - 127.01 feet; | ||
| N 46° 20' 40" W - 48.51 feet; | ||
| N 55° 13' 20" W - 172.71 feet; | ||
| N 37° 24' 30" W - 126.42 feet; | ||
| N 30° 40' 23" W - 192.28 feet; | ||
| N 32° 47' 56" W - 59.29 feet; | ||
| N 82° 41' 23" W - 75.16 feet; | ||
| S 65° 32' 41" W - 70.58 feet; | ||
| N 70° 32' 46" W - 112.72 feet; | ||
| N 54° 38' 40" W - 117.70 feet; | ||
| N 50° 12' 34" W - 161.52 feet; | ||
| N 39° 04' 58" W - 184.65 feet; | ||
| N 62° 58' 54" W - 176.63 feet; | ||
| N 51° 56' 23" W - 225.85 feet; | ||
| N 55° 47' 02" W - 124.45 feet; | ||
| N 31° 10' 26" W - 83.56 feet; | ||
| N 76° 15' 34" W - 71.67 feet; | ||
| S 87° 24' 50" W - 148.50 feet; | ||
| S 89° 00' 30" W - 150.93 feet; | ||
| N 77° 00' 57" W - 210.11 feet; | ||
| N 67° 15' 00" W - 70.72 feet; | ||
| N 57° 46' 42" W - 210.31 feet; | ||
| N 45° 55' 40" W - 215.15 feet; | ||
| N 53° 36' 55" W - 126.07 feet; | ||
| N 76° 14' 02" W - 78.50 feet; | ||
| S 83° 31' 45" W - 105.45 feet; | ||
| S 73° 54' 27" W - 231.36" feet to the east line of the H.T. & | ||
| B.R.R. Co. Survey No. 27, Abstract 249; | ||
| THENCE N 00° 05' 00" E along said line at 40.0 feet set car | ||
| axle for reference corner and continue for a total distance of | ||
| 878.47 feet to a concrete monument set for the most north corner of | ||
| said survey and being an interior corner of L.P. Ehrmann Survey | ||
| No. 28, Abstract 523, Brazoria County, Texas; | ||
| THENCE S 88° 39' 26" W along the north line of said survey | ||
| No. 27 as fenced a distance of 2631.36 feet to a concrete monument | ||
| for northwest corner of said survey and being the lower southwest | ||
| corner of the L.P. Ehrmann Survey No. 30; | ||
| THENCE N 00° 21' 18" W along the east line of the S.F. Austin | ||
| Survey, Abstract 24 as fenced a distance of 853.96 feet to a car | ||
| axle set at fence corner for the northeast corner of said S.F. | ||
| Austin Survey and being an interior corner of the L.P. Ehrmann | ||
| Survey No. 30; | ||
| THENCE S 89° 50' 43" W along the north line of said Austin | ||
| Survey and the south line of said survey No. 30 a distance of 2737.7 | ||
| feet to an axle set by old cross tie on old fence line for the | ||
| recognized southwest corner of the L.P. Ehrmann Survey No. 30; | ||
| THENCE N 00° 01' 45" W along the west line of said survey | ||
| No. 30 a distance of 4531.01 feet to a car axle set by old cross tie | ||
| for the northwest corner of said survey No. 30; | ||
| THENCE S 89° 37' 09" E along the north line of said Survey | ||
| No. 30 at 2786.26 feet pass an old iron pipe set for the southeast | ||
| corner of the H.T. & B.R.R. Co. Survey No. 31 and continue for a | ||
| total distance of 5003.04 feet to a car axle set for the most west | ||
| corner of the James L. Holmes Hrs. Survey, Abstract 610 which is | ||
| also the northeast corner of the L.P. Ehrmann Survey No. 28; | ||
| THENCE S 87° 04' 59" E - 4088.56 feet to the PLACE OF BEGINNING | ||
| and containing 5440.64 acres of land, more or less. | ||
| 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 | ||
| 8493, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 8493.108 to read as follows: | ||
| Sec. 8493.108. 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, 2015. | ||
