Bill Text: TX SB905 | 2017-2018 | 85th Legislature | Enrolled

---

Bill Title: Relating to the creation of the Cresson Crossroads Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 2)

Status: (Enrolled - Dead) 2017-06-09 - Effective immediately [SB905 Detail]

Download: Texas-2017-SB905-Enrolled.html

---

S.B. No. 905

AN ACT
relating to the creation of the Cresson Crossroads Municipal
Utility District No. 2; 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 7968 to read as follows:
CHAPTER 7968. CRESSON CROSSROADS MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7968.001. 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 Cresson Crossroads Municipal
Utility District No. 2.
Sec. 7968.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7968.003. 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. 7968.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7968.003
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. 7968.005. 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. 7968.006. 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. 7968.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7968.052, directors serve
staggered four-year terms.
Sec. 7968.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Randy Price;
(2) Cliff May;
(3) Derek Tanner;
(4) Michael Hooser; and
(5) Aaron Grant.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7968.003; 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 7968.003 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 7968.003; 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. 7968.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7968.102. 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. 7968.103. 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. 7968.104. 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. 7968.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
water, sanitary sewer, road, drainage, or other infrastructure or
public facilities constructed, acquired, improved, maintained, or
operated by the district shall comply with any subdivision or other
applicable regulations of any municipality in whose corporate
limits or extraterritorial jurisdiction the infrastructure or
public facilities are located unless other regulations are
specified in a development agreement between the district and the
municipality.
Sec. 7968.106. 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. 7968.107. 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
7968.003 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 7968.003.
(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.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7968.004 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7968.151. 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 7968.153.
(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. 7968.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7968.151, 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.
(c) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
7968.103.
Sec. 7968.153. 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. 7968.201. 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. 7968.202. 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. 7968.203. 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 Cresson Crossroads Municipal Utility
District No. 2 initially includes all the territory contained in
the following area:
Field notes for:(TRACT 1 )
Part of the NANCY SMITH SURVEY, Abstract No. 512 situated in Hood
County, Texas; embracing a portion of the 744-672/1000 acres tract
described in the deed to Cresson Crossroads LLC, recorded in volume
2225, page 263 of the Real Records of Hood County, Texas and all of
Lots 6, 7, 8, 9, 12, 13, 16, 18,19 and Reserve No. 1 of CRESSON
CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood
County, Texas according to the plat thereof recorded in Slide C-126
of the Plat Records of Hood County, Texas and a portion of Lot 4-R of
CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson,
Hood County, Texas according to the RePlat thereof recorded in
Slide C-276 of the Plat Records, and all of Lot 10R-2 of CRESSON
CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood
County, Texas according to the plat thereof recorded in Slide C-323
of the Plat Records and described by metes and bounds as follows:
The bearings and coordinate positions are per the Texas Coordinate
System North Central Zone Nad 83 (1993).
Beginning at a 1/2" iron for the southwest corner of the said
744-672/1000 acres tract, and in the north line of Old Granbury
Road.
Thence northeasterly along the most southerly west line of the said
744-672/1000 acres tract the following:
north 00 degrees-51 minutes-58 seconds east 1884-49/100
feet;
north 00 degrees-06 minutes-08 seconds east 1700-36/100 feet
to a 6" steel fence corner for a reentrant corner of the said
744-672/1000 acres tract.
Thence southwesterly along the most westerly south line of the said
744-672/1000 acres tract the following:
south 73 degrees-35 minutes-07 seconds west 3997-93/100 feet
to a 5/8" iron,
south 67 degrees-31 minutes-39 seconds west 94-23/100 feet to
a 6" steel fence corner for the most westerly southwest
corner of the said 744-672/1000 acres tract.
Thence north 00 degrees-21 minutes-27 seconds east, along the west
line of said 744-672/1000 acres tract, to and along the west line of
said CRESSON CROSSROADS PHASE ONE,
5527-54/100 feet.
Thence 62 degrees-28 minutes-48 seconds east 885-75/100 feet to the
easterly line of said Lot 4-R, and the westerly line of Hughie Long
Road.
Thence southwesterly and southeasterly, along the easterly line of
said Lot 4-R and the westerly line of said Hughie Long Road, to and
along the easterly line of said 6, 7, 8, and 9, the following:
south 27 degrees-53 minutes-51 seconds west 190-82/100 feet
to the beginning of a curve to the left having a radius of
1030 feet;
along said curve to the left an arc length of 495-08/100 feet
to its end. The long chord of said 495-08/100 feet arc is
south 14 degrees-07 minutes-39 seconds west 490-33/100 feet;
south 00 degrees-21 minutes-27 seconds west 644-28/100 feet
to the beginning of a curve to the left having a radius of 530
feet;
along said curve to the left an arc length of 479-16/100 feet
to the northeasterly corner of said Lot 9. The long chord of
said 479-16/100 feet arc is south 25 degrees-32 minutes-35
seconds east 463-01 /100 feet.
Thence south 19 degrees-25 minutes-35 seconds west, along the
easterly line of said Lot 9, a distance of 440-69/100 feet to the
northwest corner of said Lot 10R-2.
Thence south 81 degrees-24 minutes-47 seconds east, along the
northerly line of said Lot 10R-2, a distance of 317-64/100 feet to
the northeasterly corner of said Lot 10R-2, in the west
right-of-way of Cantrell Court.
Thence south 08 degrees-35 minutes-11 seconds west, along the
easterly line of said Lot 10R-2, and the westerly right-of-way of
said Cantrell Court, 269-80/100 feet to the southeast corner of
said Lot 10R-2, and the southwest end of said Cantrell Court, in the
south line of said CRESSON CROSSROADS PHASE ONE.
Thence north 82 degrees-58 minutes-22 seconds east, along the south
line of said said Lot 10R-2, and the southwest end of said Cantrell
Court, in the south line of said CRESSON CROSSROADS PHASE ONE,
517-53/100 feet to the southwest corner of said Lot 12 and the
southeast corner of Lot 11 of said CRESSON CROSSROADS PHASE ONE.
Thence north 07 degrees-01 minute-38 seconds west, along the common
line of said Lots 11 and 12, a distance of 580-80/100 feet to the
northwest corner of said Lot 12, in the south right-of-way of said
Hughie Long Road.
Thence north 82 degrees-58 minutes-22 seconds east, along the north
line of said Lot 12, and the south right-of-way of said Hughie Long
Road, to and along the north line of said Lot 13, and said Reserve
No. 1, a distance of 1146-33/100 feet to the northeast corner of
said Reserve No. 1.
Thence south 07 degrees-01 minute-38 seconds east, along the east
line of said Reserve No. 1, a distance of 580-80/100 feet to the
southeast corner of said Reserve No. 1, in the south line of said
CRESSON CROSSROADS PHASE ONE.
Thence north 82 degrees-58 minutes-22 seconds east, along the south
line of said CRESSON CROSSROADS PHASE ONE, 1009-41/100 feet to the
southeast corner of Lot 15R-2R2 of CRESSON CROSSROADS PHASE ONE,
according to the plat thereof recorded in Slide P-462 of the said
Plat Records, in the west right-of-way of Glascock Drive.
Thence south 23 degrees-54 minutes-25 seconds east, along a
southwesterly line of said CRESSON CROSSROADS PHASE ONE, 83-16/100
feet to the west line of said Lot 16, and the east right-of-way of
said Glascock Drive.
Thence north 22 degrees-16 minutes-14 seconds east, along the west
line of said Lot 16, and the easterly line of said Glascock Drive,
122-73/100 feet to the northwest corner of said Lot 16, at the
intersection of the easterly line of said Glascock Drive, and the
southerly right-of-way of said Hughie Long Road, in a curve to the
left having a radius of 1030 feet.
Thence southeasterly, along the north line of said Lot 16, and the
south right-of-way of said Hughie Long Road, along said curve to the
left an arc length of 231-22/100 feet to the northeast corner of
said Lot 16, and the northwest corner of Lot 17 of said CRESSON
CROSSROADS PHASE ONE. The long chord of said 231-22/100 feet arc is
south 75 degrees-49 minutes-46 seconds east 230-73/100 feet.
Thence south 00 degrees-13 minutes-12 seconds west, along the
common line of said Lots 16 and 17, a distance of 335-09/100 feet to
the southeast corner of said Lot 16, and the southwest corner of
said Lot 17, in the south line of said CRESSON CROSSROADS PHASE ONE.
Thence southeasterly, along the south line of said Lot 17, and the
south line of said CRESSON CROSSROADS PHASE ONE, the following:
south 89 degrees-46 minutes-48 seconds east 39-87/100 feet;
north 82 degrees-58 minutes-22 seconds east 279-18/100 feet
to the southeast corner of said Lot 17, and the southwest
corner of said Lot 18.
Thence north 07 degrees-01 minute-38 seconds west, along the common
line of said Lots 17 and 18, a distance of 303-42/100 feet to the
northwest corner of said Lot 18, in the southerly right-of-way of
said Hughie Long Road.
Thence northeasterly and southeasterly, along the north line of
said Lot 18, and the southerly right-of-way of said Hughie Long
Road, to and along the north line of said Lot 19, the following:
north 82 degrees-58 minutes-22 seconds east 550-88/100 feet
to the beginning of a curve to the right having a radius of
270 feet;
along said curve to the right an arc length of 164-58/100 feet
to its end. The long chord of said 164-58/100 feet arc is
south 79 degrees-33 minutes-53 seconds east 162-04/100 feet.
south 62 degrees-06 minutes-09 seconds east 5-06/100 feet to
the northeast corner of said Lot 19, at the intersection of
the southerly right-of-way of said Hughie Long Road, and the
westerly right-of-way of Slocum Ranch Road.
Thence southwesterly, along the easterly line of said Lot 19, and
the westerly right-of-way of said Slocum Ranch Road, the following:
south 27 degrees-42 minutes-02 seconds west 30-82/100 feet to
the beginning of a curve to the left having a radius of 2100
feet;
along said curve to the left an arc length of 264-83/100 feet
to the southeast corner of said Lot 19 and the southwest
corner of said Slocum Ranch Road. The long chord of said
264-83/100 feet arc is south 24 degrees-05 minutes-17 seconds
west 264-65 /100 feet.
Thence south 69 degrees-31 minutes-29 seconds east, along the south
line of said Slocum Ranch Road, 100-00/100 feet to the east line of
Slocum Ranch Road, and the beginning of a curve to the right having
a radius of 2000-00/100 feet.
Thence northeasterly along the said east line of Slocum Ranch Road,
and said curve to the right an arc length of 252-21/100 feet; the
long chord of the said 252-21/100 feet arc is north 24 degrees-05
minutes-17 seconds east 252-04/100 feet.
Thence north 27 degrees-42 minutes-02 seconds east, along the said
east line of Slocum Ranch Road, 630-29/100 feet to the north line of
the said 744-672/1000 acres tract, and the south line of State
Highway No. 171.
Thence south 62 degrees-07 minutes-00 seconds east, along the said
north line of the 744-672/1000 acres tract, and the said south line
of State Highway No. 171, 2140-45/100 feet to the most northerly
northeast corner of the said 744-672/1000 acres tract.
Thence southerly, then northwesterly, then southerly along the
easterly line of the said 744-672/1000 acres tract the following:
south 30 degrees-48 minutes-16 seconds west 131-94/100 feet;
south 50 degrees-55 minutes-01 second east 175-29/100 feet;
south 35 degrees-08 minutes-10 seconds west 508-28/100 feet;
north 55 degrees-45 minutes-14 seconds west 59-45/100 feet;
south 35 degrees-31 minutes-08 seconds west 207-72/100 feet;
south 53 degrees-39 minutes-22 seconds east 149-78/100 feet;
south 35 degrees-50 minutes-43 seconds west 248-84/100 feet;
south 53 degrees-35 minutes-36 seconds east 412-81/100 feet
to the northeast corner of the 2-245/1000 acres tract
described in the deed to Betty L. Henson Family Partnership,
L.P., recorded in volume 2508, page 712 of the said Real
Records, and the beginning of a curve to the right having a
radius of 224-00/100 feet.
Thence southwesterly along the northwesterly line of the said
2-245/1000 acres tract, and said curve to the right an arc length of
206-71/100 feet; the long chord of the said 206-71/100 feet arc is
south 63 degrees-04 minutes-17 seconds west 199-46/100 feet.
Thence southerly along the said northwesterly line of the
2-245/1000 acres tract, to and along the northwesterly line, and
the southwesterly of Lot 1, Phase 2, CRESSON CROSSROADS, according
to the plat thereof recorded in Slide C-223 of the said Plat Records
the following:
south 89 degrees-30 minutes-30 seconds west 62-17/100 feet;
south 32 degrees-28 minutes-47 seconds west 113-40/100 feet;
south 00 degrees-59 minutes-04 seconds west 372-43/100 feet;
south 35 degrees-28 minutes-40 seconds west 203-06/100 feet
to the northerly corner of said Lot 1;
south 35 degrees-55 minutes-50 seconds west 338-42/100 feet
to the westerly corner of said Lot 1;
south 54 degrees-04 minutes-10 seconds east 260-72/100 feet
to the easterly line of the said 744-672/1000 acres tract,
and southerly corner of said Lot, 1, and in the west line of
U.S. Highway No. 377.
Thence southwesterly along the said easterly line of the
744-672/1000 acres tract, and the said west line of U.S. Highway
No. 377, the following:
south 35 degrees-14 minutes-38 seconds west 501-06/100 feet;
south 35 degrees-00 minutes-14 seconds west 165-65/100 feet;
south 35 degrees-30 minutes-36 seconds west 614-77/100 feet;
south 41 degrees-55 minutes-26 seconds west 403-69/100 feet;
south 34 degrees-08 minutes-17 seconds west 200-11/100 feet;
south 29 degrees-40 minutes-57 seconds west 318-73/100 feet;
south 28 degrees-50 minutes-42 seconds west 172-82/100 feet
south 32 degrees-49 minutes-34 seconds west 508-28/100 feet;
south 60 degrees-56 minutes-28 seconds west 175-64/100 feet
to the most southerly southeast corner of the said
744-672/1000 acres tract in the north line of Old Granbury
Road.
Thence south 89 degrees-25 minutes-07 seconds west, along the south
line of the said 744-672/1000 acres tract, and the said north line
of Old Granbury Road, 953-56/100 feet to the Beginning and
containing 561-055/1000 acres.
Compiled on December 17, 2016 from Real Records, and Plat Records of
Hood County, Texas, and some previous surveys.
Field notes for:(TRACT 2 )
All of Lot 40 of CRESSON CROSSROADS PHASE ONE, an Addition to the
City of Cresson, Hood County, Texas according to the plat thereof
recorded in Slide C-126 of the Plat Records of Hood County, Texas
and all of Lot 41-R of CRESSON CROSSROADS PHASE ONE, an Addition to
the City of Cresson, Hood County, Texas according to the plat
thereof recorded in Slide C-350 of the said Plat Records, and
described by metes and bounds as follows:
Beginning at the northwesterly corner of said Lot 40 at the
intersection of the southwesterly right-of-way of State Highway
No. 171, and the southeasterly right-of-way of Hughie Long Road.
Thence south 62 degrees-06 minutes-59 seconds east, along the
northeasterly line of said Lot 40, and the southwesterly
right-of-way of said State Highway No. 171, to and along the
northeasterly line of said Lot 41-R, a distance of 422-10/100 feet
to the northeasterly corner of said Lot 41-R.
Thence south 27 degrees-53 minutes-51 seconds west, along the
southeasterly line of said Lot 41-R, a distance of 309-72/100 feet
to the southeasterly corner of said Lot 41-R, in the northeasterly
line of Lot 39 of said CRESSON CROSSROADS PHASE ONE.
Thence north 62 degrees-06 minutes-59 seconds west, along the
southwesterly line of said Lot 41-R, and the northeasterly line of
said lot 39, to and along the southwesterly line of said Lot 40, a
distance of 422-10/100 feet to the southwesterly corner of said Lot
40, in the easterly right-of-way of said Hughie Long Road.
Thence north 27 degrees-53 minutes-51 seconds east, along the
westerly line of said Lot 40, and the easterly right-of-way of said
Hughie Long Road, 309-72/100 feet to the place of beginning and
containing 3-001/1000 acres.
Compiled on December 16, 2016 from Real Records, and Plat Records of
Hood County, Texas, and some previous surveys.
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
7968, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7968.108 to read as follows:
Sec. 7968.108. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 905 passed the Senate on
May 10, 2017, by the following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 905 passed the House on
May 24, 2017, by the following vote: Yeas 137, Nays 9, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor