Bill Text: TX SB2193 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation of the Matthews Ranch Water Control and Improvement District No. 1 of Blanco County; 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) 2021-06-16 - Effective immediately [SB2193 Detail]
Download: Texas-2021-SB2193-Enrolled.html
S.B. No. 2193 |
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relating to the creation of the Matthews Ranch Water Control and | ||
Improvement District No. 1 of Blanco County; 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 9091 to read as follows: | ||
CHAPTER 9091. MATTHEWS RANCH WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1 OF BLANCO COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9091.0101. 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 Matthews Ranch Water Control | ||
and Improvement District No. 1 of Blanco County. | ||
Sec. 9091.0102. NATURE OF DISTRICT. The district is a water | ||
control and improvement district created under Section 52, Article | ||
III, and Section 59, Article XVI, Texas Constitution. | ||
Sec. 9091.0103. 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. 9091.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
9091.0103 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. | ||
Sec. 9091.0105. 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; 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. 9091.0106. 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. 9091.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 9091.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 9091.0202. 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 9091.0103; 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 9091.0103 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 9091.0103; 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. 9091.0301. GENERAL POWERS AND DUTIES. (a) The | ||
district has the powers and duties necessary to accomplish the | ||
purposes for which the district is created. | ||
(b) The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 51, Water Code, | ||
applicable to water control and improvement districts created under | ||
Section 59, Article XVI, Texas Constitution. | ||
Sec. 9091.0302. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, and if approved at an election | ||
held under Section 53.029(c), Water Code, 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 | ||
inside or outside the district. | ||
Sec. 9091.0303. 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. 9091.0304. 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. 9091.0305. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) 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, at the time the new district is created, contain only land | ||
within the area described by Section 2 of the Act enacting 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 | ||
9091.0103 to elect the district's permanent directors. | ||
(f) An order dividing the district must: | ||
(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 permanent directors' election as required by Section | ||
9091.0103. | ||
(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 or sales and | ||
use taxes. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
9091.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
Sec. 9091.0306. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||
DESIGNATED PROPERTY. The district may define areas or designate | ||
certain property of the district to pay for improvements, | ||
facilities, or services that primarily benefit that area or | ||
property and do not generally and directly benefit the district as a | ||
whole. | ||
Sec. 9091.0307. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax or issue bonds payable from ad | ||
valorem taxes of the defined area or designated property, the board | ||
shall hold an election in the defined area or in the designated | ||
property only. | ||
(b) The board may submit the issues to the voters on the same | ||
ballot to be used in another election. | ||
Sec. 9091.0308. DECLARING RESULT AND ISSUING ORDER. (a) If | ||
a majority of the voters voting at the election approve the | ||
proposition or propositions, the board shall declare the results | ||
and, by order, shall establish the defined area and describe it by | ||
metes and bounds or designate the specific property. | ||
(b) A court may not review the board's order except on the | ||
ground of fraud, palpable error, or arbitrary and confiscatory | ||
abuse of discretion. | ||
Sec. 9091.0309. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||
approval and adoption of the order described by Section 9091.0308, | ||
the district may apply separately, differently, equitably, and | ||
specifically its taxing power and lien authority to the defined | ||
area or designated property to provide money to construct, | ||
administer, maintain, and operate services, improvements, and | ||
facilities that primarily benefit the defined area or designated | ||
property. | ||
Sec. 9091.0310. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||
DESIGNATED PROPERTY. After the order under Section 9091.0308 is | ||
adopted, the district may issue bonds to provide for any land, | ||
improvements, facilities, plants, equipment, and appliances for | ||
the defined area or designated property. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9091.0401. 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 9091.0403. | ||
(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. 9091.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 9091.0401, 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. 9091.0403. 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. 9091.0501. 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. 9091.0502. 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. 9091.0503. 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 Matthews Ranch Water Control and Improvement | ||
District No. 1 of Blanco County initially includes all the | ||
territory contained in the following area: | ||
Being all of that certain 745.87 acre tract of land described in | ||
Volume 171, Page 912 et seq. of the Official Public Records of said | ||
County and all of that certain 55.82 acre tract of land described in | ||
Volume 173, Page 242 et seq. of the said Official Public Records; | ||
said 801.73 acre tract being more particularly described as | ||
follows: | ||
BEGINNING at a 3/8 inch iron rod found at the base of a fence post at | ||
the northerly northeast corner of the said 745.87 acre tract, being | ||
on the south line of that certain 881.7 acre tract described in | ||
Volume 62, Page 434 et seq. of the Deed Records of said County and | ||
being at the northwest corner of that certain tract described in | ||
Volume 98, Page 604 et seq. of the said Deed Records, for the | ||
northerly northeast corner hereof; | ||
THENCE with the north line of the said 745.87 acre tract, S 88° 38' | ||
58" W, a distance of 3390.70 feet along a fence line to a 3/8 inch | ||
iron rod found at the base of a fence post at the northwest corner | ||
thereof, being at the southwest corner of the said 881.7 acre tract | ||
and being on the east line of that certain 990.36 acre tract | ||
described in Volume 71, Page 308 et seq. of the said Deed Records, | ||
for the northerly northwest corner hereof; | ||
THENCE with the westerly line of the said 745.87 acre tract, as | ||
fenced, the following four (4) courses: | ||
1. S 00° 40' 25" E, a distance of 1881.93 feet to a 3/8 inch | ||
iron rod found at the base of a fence post at the southeast corner of | ||
the said 990.36 acre tract, | ||
2. S 88° 01' 06" W, a distance of 452.73 feet to a 3/8 inch | ||
iron rod found at the base of a fence post at the northeast corner of | ||
that certain 1332.28 acre tract described in Volume 169, Page 746 | ||
et seq. of the Official Public Records of said County, | ||
3. S 01° 08' 57" E, a distance of 4321.19 feet to a 3/8 inch | ||
iron rod found at the base of a fence post at the westerly southwest | ||
corner of the said 745.87 acre tract, being at the northwest corner | ||
of the said 55.82 acre tract, and | ||
4. S 01° 07' 44" E, a distance of 1491.94 feet to a 3/8 inch | ||
iron rod found at the southwest corner of the said 55.82 acre tract, | ||
being at the northwest corner of that certain 86.67 acre tract | ||
described in Volume 173, Page 245 et seq. of the said Official | ||
Public Records, for the southwest corner hereof; | ||
THENCE with the south line of the said 55.82 acre tract and north | ||
line of the said 86.67 acre tract, S 88° 06' 16" E, a distance of | ||
2400.94 feet to a 5/8 inch iron rod found at the southwest corner of | ||
the said 55.82 acre tract and northeast corner of the said 86.67 | ||
acre tract, being at a southerly southwest corner of the said 745.87 | ||
acre tract and at a westerly corner of that certain 153.233 acre | ||
tract described in Volume 108, Page 40 et seq. of the Deed Records | ||
of said County, for a southerly corner hereof; | ||
THENCE with the southerly line of the said 745.87acre tract, as | ||
fenced, the following four (4) courses: | ||
1. N 46° 34' 07" E, a distance of 690.01 feet to a 4-1/2 inch | ||
iron pipe found, | ||
2. S 47° 25' 43" E, a distance of 2755.11 feet to a 5/8 inch | ||
iron rod found at the base of a fence post, | ||
3. N 88° 58' 06" E, a distance of 146.36 feet to a 5/8 inch | ||
iron rod found at the base of a fence post at the northeast corner of | ||
the said 153.233 acre tract and northwest corner of that certain | ||
186.0 acre tract described in Volume 84, Page 296 et seq. of the | ||
said Deed Records, and | ||
4. N 88° 40' 10" E, a distance of 26.28 feet to a 60d nail | ||
found on the centerline of Blanco County Road 202 at the southeast | ||
corner of the said 745.87 acre tract, being at the southwest corner | ||
of that certain 82.18 acre tract described in said Volume 171, Page | ||
912 et seq., for the southeast corner hereof; | ||
THENCE with the lower east line of the said 745.87 acre tract and | ||
said centerline of Blanco County Road 202, the following two (2) | ||
courses: | ||
1. N 12° 42' 36" E, a distance of 62.29 feet to a PK nail set, | ||
and | ||
2. N 50° 44' 45" E, a distance of 74.44 feet to a PK nail set | ||
at a southeasterly corner of the said 745.87 acre tract, being on | ||
the southerly line of that certain 89.95 acre tract described in | ||
Volume 174, Page 912 et seq. of the said Official Public Records, | ||
for a southeasterly corner hereof; | ||
THENCE departing from the said centerline of Blanco County Road 202 | ||
with the lower east line of the said 745.87 acre tract, the | ||
following four (4) courses: | ||
1. N 40° 26' 05" W, a distance of 48.85 feet to a 2-7/8 inch | ||
iron pipe found, | ||
2. N 90° 00' 00" W, a distance of 136.99 feet to a 2-7/8 inch | ||
iron pipe found, | ||
3. N 26° 54' 46" E, a distance of 2779.27 feet to a 3/8 inch | ||
iron rod set, and | ||
4. N 10° 38' 07" E, a distance of 316.20 feet to an 8 inch | ||
diameter Cedar post found at the most easterly northeast corner of | ||
the said 745.87 acre tract, being at the southwest corner of that | ||
certain 153.94 acre tract described in Volume 149, Page 679 et seq. | ||
of the said Deed Records and being at the southeast corner of that | ||
certain tract described in Volume 141, Page 52 et seq. of the said | ||
Deed Records, for the most easterly northeast corner hereof; | ||
THENCE with an easterly north line of the said 745.87 acre tract, S | ||
89° 03' 35" W, a distance of 1520.80 feet along a fence line to a | ||
2-7/8 inch diameter iron pipe fence post found at a reentrant corner | ||
thereof, being at a southwest corner of the said tract in Volume | ||
141, Page 52 et seq., for a reentrant corner hereof; | ||
THENCE with a lower east line of the said 745.87 acre tract, N 01° | ||
10' 48" E, a distance of 1222.95 feet along a fence line to a 2-7/8 | ||
inch iron pipe fence post found at a northeast corner thereof, being | ||
a reentrant corner of the said tract in Volume 141, Page 52 et seq., | ||
for a northeast corner hereof; | ||
THENCE with a lower north line of the said 745.87 acre tract, N 89° | ||
44' 58" W, a distance of 1054.68 feet along a fence line to a 3/8 | ||
inch iron rod found at the base of a fence post at a reentrant corner | ||
thereof, being at the westerly southwest corner of the said tract in | ||
Volume 141, Page 52 et seq., for a reentrant corner hereof; | ||
THENCE with the upper east line of the said 745.87 acre tract, as | ||
fenced, the following two (2) courses: | ||
1. N 01° 33' 44" W, a distance of 2185.92 feet to a 10 inch | ||
diameter Cedar post found at the northwest corner of the said tract | ||
in Volume 141, Page 52 et seq., being at the southwest corner of the | ||
said tract described in Volume 98, Page 604 et seq., and | ||
2. N 00° 08' 53" W, a distance of 2933.48 feet to the POINT OF | ||
BEGINNING, containing 801.73 acres of land, more or less. | ||
BEGINNING at a 5/8 inch iron rod found at the northeast corner of | ||
the said 86.67 acre tract, being at a southerly corner of that | ||
certain 745.87 acre tract described in Volume 171, Page 912 et seq. | ||
of the said Official Public Records and being at a westerly corner | ||
of that certain 153.2233 acre tract described in Volume 108, Page 41 | ||
et seq. of the Deed Records of said County, for the northeast corner | ||
hereof; | ||
THENCE with the east line of the said 86.67 acre tract, as fenced, | ||
the following nine (9) courses: | ||
1. S 22° 55' 39" E, a distance of 249.50 feet to a 4-1/2 inch | ||
diameter iron pipe fence post found, | ||
2. S 20° 09'25" E, a distance of 52.02 feet to a 4-1/2 inch | ||
diameter iron pipe fence post found, | ||
3. S 22° 38' 55" E, a distance of 85.81feet to a 4-1/2 inch | ||
diameter iron pipe fence post found, | ||
4. S 14° 18' 46" W, a distance of 170.20 feet to a 4-1/2 inch | ||
diameter iron pipe fence post found, | ||
5. S 16° 42' 28" W, a distance of 309.70 feet to a 5/8 inch | ||
iron rod found at a fence post, | ||
6. S 40° 16' 31" W, a distance of 279.85 feet to a 5/8 inch | ||
iron rod found at a fence post, and | ||
7. S 57° 23' 37" W, a distance of 214.03 feet to a 4-1/2 inch | ||
diameter iron pipe fence post found at the southwest corner of the | ||
said 153.233 acre tract and northeast corner of that certain 446.8 | ||
acre tract described in Volume 108, Page 40 et seq. of the said Deed | ||
Records, | ||
8. S 56° 50' 18" W, a distance of 1250.73 feet to a 4-1/2 inch | ||
diameter iron pipe fence post found, and | ||
9. S 70° 07' 05' W, a distance of 90.35 feet to a 4-1/2 inch | ||
diameter iron pipe fence post found at the southerly southeast | ||
corner of the said 86.67 acre tract, for the southerly southeast | ||
corner hereof; | ||
THENCE with the south line of the said 86.67 acre tract, as fenced, | ||
the following two (2) courses: | ||
1. N 70° 46' 14" W, a distance of 288.82 feet to a 4-1/2 inch | ||
diameter iron pipe fence post found, and | ||
2. N 71° 25' 20" W, a distance of 651.41 feet to a 3/8 inch | ||
iron rod found at the southwest corner of the said 86.67 acre tract, | ||
for the southwest corner hereof; | ||
THENCE with the west line of the said 86.67 acre tract, N 01° 09' 49" | ||
W, a distance of 1640.18 feet to a 3/8 inch iron rod found at the | ||
northwest corner thereof, being at the southwest corner of the said | ||
55.82 acre tract, for the northwest corner hereof; | ||
THENCE with the north line of the said 86.67 acre tract and south | ||
line of the said 55.82 acre tract, S 88° 06' 16" E, a distance of | ||
2400.94 feet to the POINT OF BEGINNING, containing 86.69 acres of | ||
land, more or less. | ||
BEGINNING at an iron pipe fence post found at the southwest corner | ||
of said Tract 3, being at a reentrant corner of that certain 745.87 | ||
acre tract described in Volume 172, Page 1 et seq. of the said | ||
Official Public Records, for the southwest corner hereof; | ||
THENCE with the south line of said Tract 3, N 89° 23' 29" E, a | ||
distance of 1267.45 feet to a 3/8 inch iron rod set for the | ||
southerly southwest corner of a 141.98 acre tract this day surveyed | ||
and the southeast corner hereof; | ||
THENCE departing from said south line and passing over and across | ||
said Tract 3 and Tract 2 with the general course of an existing | ||
fence line, the following twelve (12) courses: | ||
1. N 18° 38' 15" W, a distance of 418.56 feet to an iron pipe | ||
fence post found, | ||
2. N 66° 45' 42" E, a distance of 62.33 feet to an iron pipe | ||
fence post found, | ||
3. N 06° 41' 05" W, a distance of 128.36 feet to an iron pipe | ||
fence post found, | ||
4. N 87° 55' 15" W, a distance of 1001.89 feet to an iron pipe | ||
fence post found, | ||
5. N 01° 33' 43" E, a distance of 512.41 feet to an iron pipe | ||
fence post found, | ||
6. N 89° 38' 26" W, a distance of 621.05 feet to an iron pipe | ||
fence post found, | ||
7. N 70° 37' 36" E, a distance of 18.44 feet to an iron pipe | ||
fence post found, | ||
8. N 07° 01' 56" W, a distance of 822.37 feet to an iron pipe | ||
fence post found, | ||
9. N 76° 11' 49" W, a distance of 1181.91 feet to an iron pipe | ||
fence post found, | ||
10. N 06° 51' 58" E, a distance of 617.55 feet to an iron pipe | ||
fence post found, | ||
11. S 77° 48' 22" E, a distance of 325.37 feet to an iron pipe | ||
fence post found, and | ||
12 N 00 ° 27' 02" W, a distance of 663.37 feet to a 60d nail | ||
found at the base of a fence post at the southwest corner of said | ||
Tract 1, being at the southeast corner of that certain 39.77 acre | ||
tract described in Volume 158, Page 510 et seq. of the said Official | ||
Public Records, for a reentrant corner of the said 222.24 acre tract | ||
and the northeast corner hereof; | ||
THENCE with the north line of said Tract 2 and south line of the said | ||
39.77 acre tract, S 89° 34' 42" W, a distance of 1033.67 feet along | ||
an existing fence line to a 10 inch diameter Cedar post found at the | ||
northwest corner of said Tract 2, being at the southwest corner of | ||
the said 39.77 acre tract and being on the east line of the said | ||
745.87 acre tract, for the northwest corner hereof; | ||
THENCE with the west line of said Tract 2 and continuing with the | ||
west line of said Tract 3, same being the east line of the said | ||
745.87 acre tract, and generally along an existing fence line, the | ||
following three (3) courses: | ||
1. S 01 ° 12' 33" E, a distance of 2186.06 feet to a 1/2 inch | ||
iron rod found at the base of a fence post, | ||
2. S 89° 23' 36" E, a distance of 1055.19 feet to a 3/8 inch | ||
iron rod found at the base of a fence post, and | ||
3. S 01° 32' 33" E, a distance of 1222.74 feet to the POINT OF | ||
BEGINNING, containing 80.26 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 | ||
9091, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 9091.0311 to read as follows: | ||
Sec. 9091.0311. 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, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2193 passed the Senate on | ||
May 14, 2021, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2193 passed the House on | ||
May 26, 2021, by the following vote: Yeas 108, Nays 39, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |