Bill Text: TX SB1906 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the creation of Fort Bend County Municipal Management District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2013-06-14 - Effective immediately [SB1906 Detail]

Download: Texas-2013-SB1906-Enrolled.html

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S.B. No. 1906

AN ACT
relating to the creation of Fort Bend County Municipal Management
District No. 1; 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 C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3927 to read as follows:
CHAPTER 3927. FORT BEND COUNTY MUNICIPAL MANAGEMENT DISTRICT
NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3927.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Houston.
(3) "County" means Fort Bend County.
(4) "Director" means a board member.
(5) "District" means the Fort Bend County Municipal
Management District No. 1.
Sec. 3927.002. NATURE OF DISTRICT. The Fort Bend County
Municipal Management District No. 1 is a special district created
under Sections 52 and 52-a, Article III, and Section 59, Article
XVI, Texas Constitution.
Sec. 3927.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3927.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3927.005. 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 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3927.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for the purposes permitted for money granted to a corporation under
Section 380.002(b), Local Government Code, including the right to
pledge the money as security for any bonds issued by the district
for an improvement project.
Sec. 3927.007. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3927.051. GOVERNING BODY; TERMS. The district is
governed by a board of five elected directors who serve staggered
terms of four years, with two or three directors' terms expiring
each even-numbered year.
Sec. 3927.052. ELECTION DATE. The board shall hold an
election for directors on the uniform election date in May in
even-numbered years.
Sec. 3927.053. ELIGIBILITY. To be qualified to serve as a
director, a person must meet the qualifications prescribed by
Section 375.063, Local Government Code.
Sec. 3927.054. INITIAL VOTING 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 according to the most recent certified tax appraisal
roll for the county may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
initial voting directors the five persons named in the petition.
The commission shall appoint the five persons named in the petition
as initial directors by position.
(b) The initial directors appointed under Subsection (a)
shall draw lots to determine which two directors shall serve until
the first regularly scheduled election under Section 3927.052 and
which three directors shall serve until the second regularly
scheduled election under Section 3927.052.
(c) Section 3927.051 does not apply to this section.
(d) This section expires September 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3927.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3927.102. MUNICIPAL MANAGEMENT DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapter 375, Local Government
Code, applicable to municipal management districts created under
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
Sec. 3927.103. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3927.104. UTILITY AND RECREATIONAL FACILITIES AND
SERVICES AND ROADS PROHIBITED WITHOUT AGREEMENT. The district may
not provide water, wastewater, or recreational facilities or
services or roads to any land within both the district and a
municipal utility district unless the district and the municipal
utility district enter into a written agreement specifying the
facilities and services to be provided by the district.
Sec. 3927.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3927.106. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3927.107. LIMITED EMINENT DOMAIN. The district may
exercise the power of eminent domain only for the purposes, only to
the extent, and subject to the limitations the general law provides
for a municipal utility district under Chapter 49, Water Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3927.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3927.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3927.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3927.154. METHOD OF NOTICE OF HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of mailing notice.
Sec. 3927.155. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3927.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3927.201. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3927.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) 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. 3927.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3927.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for
operation and maintenance purposes, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 3927.203. 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.
Sec. 3927.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3927.205. 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 annual ad valorem tax, without limit as to rate or amount,
for each year that 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. 3927.206. 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 Fort Bend County Municipal Management
District No. 1 initially includes all territory contained in the
following area:
TRACT I: 168.478 ACRES
Being a tract containing 168.478 acres of land located in the Jane
Wilkins One League Grant, Abstract No. 96, Fort Bend County, Texas.
Said 168.478 acres being that certain call 101.79 acre (Tract Two)
tract of land recorded in the name of the State of Texas, for the use
and benefit of the Permanent School Fund, under Fort Bend County
Clerk's File (F.B.C.C.F.) No. 2004060103 and amended under
2004075320, and that certain call 66.691 acre (Part Two) tract of
land recorded in the name of the State of Texas, for the use and
benefit of the Permanent School Fund, under F.B.C.C.F. No.
2003023371 and corrected under 2008070584. Said 168.478 acres of
land being more particularly described by metes and bounds as
follows (Bearings are referenced to the aforementioned 101.79
acres):
BEGINNING at the Northeast corner of said 101.79 acres, same being a
point at the South line of said 66.691 acres, and said point being
at the Westerly line of a call 97.179 acre (Parcel 9) tract of land
for controlled access highway facility (Grand Parkway) recorded in
the name of Texas Transportation Commission under F.B.C.C.F. No.
9203043;
THENCE, with said Westerly line, South 20 degrees 38 minutes 03
seconds East, a distance of 2201.52 feet to the Southeast corner of
said 101.79 acres;
THENCE, departing said Westerly line and with the South line of said
101.79 acres, South 88 degrees 18 minutes 31 seconds West, a
distance of 2,386.45 feet to the Southwest corner of said 101.79
acres, and said point being at the East line of a call 32.7 acre
tract of land (Harlem Road, based on a width of 60 feet), recorded
in the name of County of Fort Bend, Texas, in Volume 63, Page 203, of
the Deed Records of Fort Bend County, Texas (F.B.C.D.R.);
THENCE, with the East right-of-way line of said Harlem Road, North
00 degrees 00 minutes 38 seconds East, a distance of 2,412.99 feet
to the Northwest corner of said 101.79 acres;
THENCE, with the North line of said 101.79 acres, North 89 degrees
33 minutes 29 seconds East, a distance of 51.70 feet to the
Southwest corner of said 66.691 acres, and said point being at the
call East line of Harlem Road, based on a width of 71.5 feet;
THENCE, with the West line of said 66.691 acres (Part Two) and the
East line of said Harlem Road (71.5 feet width), North 00 degrees 23
minutes 59 seconds West, a distance of 3,160.51 feet;
THENCE, with the North line of said 66.691 acres, North 68 degrees
10 minutes 15 seconds East, a distance of 80.54 feet to the
Southwesterly right-of-way line of the Grand Parkway;
THENCE, with said Southwesterly right-of-way line, the following
three (3) courses:
1. 996.68 feet, with the arc of a non-tangent curve to the
right having a radius of 2,664.79 feet and a central angle of 21
degrees 25 minutes 47 seconds, the chord of which curve bears South
31 degrees 19 minutes 27 seconds East, a distance of 990.88 feet;
2. South 20 degrees 44 minutes 11 seconds East, a distance
of 2,809.53 feet to the Southeast corner of said 66.691 acres (Part
Two);
3. North 79 degrees 42 minutes 34 seconds West, a distance
of 5.26 feet to the POINT OF BEGINNING and containing 168.478 acres
of land, more or less.
TRACT II: 883.195
Being a tract containing 883.195 acres of land located in the
William Morton One and One-Half League Grant, Abstract No. 62, Fort
Bend County, Texas. Said 883.195 acres being that certain call
723.13 acre (Tract One) tract of land recorded in the name of the
State of Texas, for the use and benefit of the Permanent School
Fund, under Fort Bend County Clerk's File (F.B.C.C.F.) No.
2004060103 and amended under 2004075320, LESS AND EXCEPT Fort Bend
I.S.D. Middle School No. 14, a subdivision of 39.675 acres of land,
according to the map or plat thereof recorded in Plat Number
20100028 of the Plat Records of Fort Bend County, Texas
(F.B.C.P.R.); and that certain call 274.505 acre (Part Three) tract
of land recorded in the name of the State of Texas, for the use and
benefit of the Permanent School Fund, under F.B.C.C.F. No.
2003023371 and corrected under 2008070584, LESS AND EXCEPT Fort
Bend Independent School District High School No. 10, a subdivision
of 72.598 acres of land, according to the map or plat thereof
recorded in Plat Record 20040219 of the F.B.C.P.R. Said 883.195
acres of land being more particularly described by metes and bounds
as follows (Bearings are referenced to the aforementioned 723.13
acres):
BEGINNING at the Northwest corner of said 274.505 acres on the South
right-of-way line of Grand Parkway (width varies);
THENCE, with the said South right-of-way line and North line of said
274.05 acres, the following three (3) courses:
1. South 83 degrees 50 minutes 18 seconds East, a distance
of 1,730.90 feet;
2. South 76 degrees 27 minutes 32 seconds East, a distance
of 659.36 feet;
3. 1,275.27 feet, with the arc of a non-tangent curve to the
right having a radius of 2,664.79 feet and a central angle of 27
degrees 25 minutes 11 seconds, the chord of which curve bears South
60 degrees 46 minutes 14 seconds East, a distance of 1,263.14 feet
to the West line of a call 32.7 acre tract of land (Harlem Road,
based on a width of 60 feet), recorded in the name of County of Fort
Bend, Texas, in Volume 63, Page 203, of the Deed Records of Fort
Bend County, Texas (F.B.C.D.R.);
THENCE, with said West line, South 00 degrees 00 minutes 38 seconds
West, a distance of 730.72 feet to the most Easterly Northeast
corner of said Fort Bend Independent School District High School
No. 10;
THENCE, with the North and West lines of said Fort Bend Independent
School District High School No. 10, the following six (6) courses:
1. 603.53 feet, with the arc of a non-tangent curve to the
left having a radius of 515.00 feet and a central angle of 67
degrees 08 minutes 42 seconds, the chord of which curve bears North
33 degrees 33 minutes 43 seconds West, a distance of 569.58 feet;
2. North 67 degrees 08 minutes 04 seconds West, a distance
of 117.87 feet;
3. South 67 degrees 51 minutes 56 seconds West, a distance
of 35.36 feet;
4. South 22 degrees 51 minutes 56 seconds West, a distance
of 1,473.77 feet;
5. 874.48 feet, with the arc of tangent curve to the left
having a radius of 3,125.00 feet and a central angle of 16 degrees
02 minutes 00 seconds, the chord of which curve bears South 14
degrees 50 minutes 56 seconds West, a distance of 871.63 feet to a
point for tangency;
6. South 06 degrees 49 minutes 56 seconds West, a distance
of 950.82 feet to the Southwest corner of said Fort Bend Independent
School District High School No. 10, same being the North line of
said 723.13 acres;
THENCE, with the said North line, North 89 degrees 33 minutes 29
seconds East, a distance of 1,364.95 feet to the Southeast corner of
said Fort Bend Independent School District High School No. 10 and
the Northeast corner of said 723.13 acres, and said point being at
the West line of said 32.7 acres (Harlem Road, based on a width of 60
feet);
THENCE, with said West line, South 00 degrees 00 minutes 38 seconds
West, a distance of 2,414.30 feet;
THENCE, departing said West line and with a residual tract of that
certain call 5,656.65 acres recorded in the name of Harlem State
Farm in Volume 152, Page 423, F.B.C.D.R., the following nine (9)
courses:
1. South 48 degrees 44 minutes 07 seconds West, a distance
of 871.11 feet;
2. North 83 degrees 16 minutes 57 seconds West, a distance
of 2,068.09 feet;
3. South 08 degrees 26 minutes 06 seconds West, a distance
of 1,378.80 feet;
4. South 88 degrees 03 minutes 39 seconds East, a distance
of 941.67 feet;
5. South 00 degrees 52 minutes 35 seconds East, a distance
of 1,653.74 feet;
6. South 88 degrees 40 minutes 44 seconds East, a distance
of 567.92 feet;
7. South 04 degrees 39 minutes 19 seconds West, a distance
of 773.80 feet;
8. South 86 degrees 41 minutes 04 seconds East, a distance
of 743.55 feet;
9. North 85 degrees 13 minutes 22 seconds East, a distance
of 698.90 feet to the West line of said 32.7 acres (Harlem Road,
based on a width of 60 feet);
THENCE, with said West line, South 00 degrees 00 minutes 38 seconds
West, a distance of 919.35 feet to the Northeast corner of said Fort
Bend I.S.D. Middle School No. 14;
THENCE, departing said West line and with the North line of said
Fort Bend I.S.D. Middle School No. 14, South 89 degrees 41 minutes
08 seconds West, a distance of 2,244.78 feet to the Northwest corner
of said Fort Bend I.S.D. Middle School No. 14;
THENCE, with the meandering West line of said Fort Bend I.S.D.
Middle School No. 14, the following twelve (12) courses:
1. South 46 degrees 22 minutes 05 seconds East, a distance
of 228.92 feet;
2. South 43 degrees 22 minutes 43 seconds East, a distance
of 88.42 feet;
3. South 40 degrees 33 minutes 56 seconds East, a distance
of 79.87 feet;
4. South 40 degrees 44 minutes 21 seconds East, a distance
of 105.05 feet;
5. South 42 degrees 39 minutes 34 seconds East, a distance
of 49.64 feet;
6. South 26 degrees 31 minutes 55 seconds East, a distance
of 54.38 feet;
7. South 17 degrees 07 minutes 29 seconds East, a distance
of 79.10 feet;
8. South 36 degrees 53 minutes 58 seconds East, a distance
of 120.77 feet;
9. South 37 degrees 41 minutes 44 seconds East, a distance
of 99.95 feet;
10. South 38 degrees 43 minutes 14 seconds East, a distance
of 114.55 feet;
11. South 36 degrees 00 minutes 18 seconds East, a distance
of 89.56 feet;
12. South 32 degrees 17 minutes 53 seconds East, a distance
of 81.98 feet to the North right-of-way line of Plantation Drive
(based on a width of 60 feet) as recorded in Volume 1848, Page 795,
F.B.C.P.R., same being the South line of said 723.13 acres;
THENCE, with said North right-of-way line and said South line,
South 89 degrees 41 minutes 08 seconds West, a distance of 344.96
feet to the East line of Replat of Pecan Grove Plantation, Section
Five (5), according to the map or plat thereof recorded in Slide
685A and 685B, F.B.C.P.R.;
THENCE, with the said East line, North 00 degrees 04 minutes 33
seconds West, a distance of 180.02 feet to the Northeast corner of
said Section 5;
THENCE, with the North line of said Section 5, South 89 degrees 39
minutes 00 seconds West, a distance of 1,695.40 feet to the most
Easterly Southeast corner of Pecan Grove Plantation, Section Eight
(8), according to the map or plat thereof recorded in Slide 643A and
643B, F.B.C.P.R.;
THENCE, with the East line of said Section 8 and Pecan Grove
Plantation, Section Sixteen (16), according to the map or plat
thereof recorded in Slide 1096B, F.B.C.P.R., and Pecan Grove
Plantation, Section Twenty-Two (22), according to the map or plat
thereof recorded in Slide 1247B, F.B.C.P.R., North 00 degrees 06
minutes 21 seconds East, a distance of 2,983.38 feet to the
Northeast corner of said Section 22;
THENCE, with the North line of said Section 22 and Pecan Grove
Plantation, Section Twelve (12), according to the map or plat
thereof recorded in Slide 1051A and 1051B, F.B.C.P.R., North 89
degrees 56 minutes 14 seconds West, a distance of 2,668.98 feet to
the Northwest corner of said Section 12, same being a point at the
East line of Pecan Grove Plantation, Section Nineteen (19),
according to the map or plat thereof recorded in Slide 1052A and
1052B, F.B.C.P.R.;
THENCE, with the East line of said Section 19 and Grove, Section
Eleven (11), according to the map or plat thereof recorded in Slide
1015A and 1015B, and Grove, Section Six (6), according to the map or
plat thereof recorded in Slide 631A and 631B, and Grove, Section
Seven (7), according to the map or plat thereof recorded in Slide
632A and 632B, and Grove, Section Eight (8), according to the map or
plat thereof recorded in Slide 832A and 832B, North 00 degrees 05
minutes 34 seconds East, a distance of 2,944.38 feet;
THENCE, with the South line of said Grove, Section 8, South 89
degrees 44 minutes 14 seconds East, passing the Southeast corner of
said Grove, Section 8, and continuing for a total distance of
2,690.34 feet;
THENCE, with the West line of said 723.13 acres, North 00 degrees 31
minutes 29 seconds East, a distance of 3,562.67 feet to the
Northwest corner of said 723.13 acres;
THENCE, with said North line, North 89 degrees 01 minutes 49 seconds
East, a distance of 12.19 feet to the Southwest corner of said
274.505 acres;
THENCE, with the West line of said 274.505 acres, the following
three (3) courses:
1. North 00 degrees 13 minutes 57 seconds East, a distance
of 1,303.83 feet;
2. North 00 degrees 18 minutes 44 seconds East, a distance
of 1,320.37 feet;
3. North 00 degrees 31 minutes 23 seconds East, a distance
of 468.68 feet to the POINT OF BEGINNING and containing 883.195
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) Section 3927.107, 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 3927, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 3927.107 to read as follows:
Sec. 3927.107. 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 Subsection (c),
Section 17, 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1906 passed the Senate on
May 8, 2013, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1906 passed the House on
May 22, 2013, by the following vote: Yeas 147, Nays 1, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor