Texas 2011 - 82nd Regular

Texas House Bill HB886 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Smith of Harris (Senate Sponsor - Gallegos) H.B. No. 886
2	2	(In the Senate - Received from the House April 11, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 19, 2011, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Harris County Municipal Utility
11	11	District No. 528; providing authority to impose a tax and issue
12	12	bonds; granting a limited power of eminent domain.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8318 to read as follows:
16	16	CHAPTER 8318. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8318.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(3) "Director" means a board member.
23	23	(4) "District" means the Harris County Municipal
24	24	Utility District No. 528.
25	25	Sec. 8318.002. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 8318.003. CONFIRMATION AND DIRECTORS' ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect five permanent
31	31	directors as provided by Section 49.102, Water Code.
32	32	Sec. 8318.004. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section 8318.003
34	34	until each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district.
38	38	Sec. 8318.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
39	39	(a) The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 8318.006. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	[Sections 8318.007-8318.050 reserved for expansion]
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8318.051. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 8318.052, directors serve
65	65	staggered four-year terms.
66	66	Sec. 8318.052. TEMPORARY DIRECTORS. (a) On or after
67	67	September 1, 2011, the owner or owners of a majority of the assessed
68	68	value of the real property in the district may submit a petition to
69	69	the commission requesting that the commission appoint as temporary
70	70	directors the five persons named in the petition. The commission
71	71	shall appoint as temporary directors the five persons named in the
72	72	petition.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8318.003; or
76	76	(2) September 1, 2015.
77	77	(c) If permanent directors have not been elected under
78	78	Section 8318.003 and the terms of the temporary directors have
79	79	expired, successor temporary directors shall be appointed or
80	80	reappointed as provided by Subsection (d) to serve terms that
81	81	expire on the earlier of:
82	82	(1) the date permanent directors are elected under
83	83	Section 8318.003; or
84	84	(2) the fourth anniversary of the date of the
85	85	appointment or reappointment.
86	86	(d) If Subsection (c) applies, the owner or owners of a
87	87	majority of the assessed value of the real property in the district
88	88	may submit a petition to the commission requesting that the
89	89	commission appoint as successor temporary directors the five
90	90	persons named in the petition. The commission shall appoint as
91	91	successor temporary directors the five persons named in the
92	92	petition.
93	93	[Sections 8318.053-8318.100 reserved for expansion]
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 8318.101. GENERAL POWERS AND DUTIES. The district has
96	96	the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 8318.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	99	DUTIES. The district has the powers and duties provided by the
100	100	general law of this state, including Chapters 49 and 54, Water Code,
101	101	applicable to municipal utility districts created under Section 59,
102	102	Article XVI, Texas Constitution.
103	103	Sec. 8318.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104	104	52, Article III, Texas Constitution, the district may design,
105	105	acquire, construct, finance, issue bonds for, improve, operate,
106	106	maintain, and convey to this state, a county, or a municipality for
107	107	operation and maintenance macadamized, graveled, or paved roads, or
108	108	improvements, including storm drainage, in aid of those roads.
109	109	Sec. 8318.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
110	110	road project must meet all applicable construction standards,
111	111	zoning and subdivision requirements, and regulations of each
112	112	municipality in whose corporate limits or extraterritorial
113	113	jurisdiction the road project is located.
114	114	(b) If a road project is not located in the corporate limits
115	115	or extraterritorial jurisdiction of a municipality, the road
116	116	project must meet all applicable construction standards,
117	117	subdivision requirements, and regulations of each county in which
118	118	the road project is located.
119	119	(c) If the state will maintain and operate the road, the
120	120	Texas Transportation Commission must approve the plans and
121	121	specifications of the road project.
122	122	Sec. 8318.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	123	OR RESOLUTION. The district shall comply with all applicable
124	124	requirements of any ordinance or resolution adopted by the city
125	125	council of the City of Baytown.
126	126	Sec. 8318.106. LIMITATION ON USE OF EMINENT DOMAIN. The
127	127	district may not exercise the power of eminent domain outside the
128	128	district to acquire a site or easement for:
129	129	(1) a road project authorized by Section 8318.103; or
130	130	(2) a recreational facility as defined by Section
131	131	49.462, Water Code.
132	132	[Sections 8318.107-8318.150 reserved for expansion]
133	133	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134	134	Sec. 8318.151. ELECTIONS REGARDING TAXES OR BONDS.
135	135	(a) The district may issue, without an election, bonds and other
136	136	obligations secured by:
137	137	(1) revenue other than ad valorem taxes; or
138	138	(2) contract payments described by Section 8318.153.
139	139	(b) The district must hold an election in the manner
140	140	provided by Chapters 49 and 54, Water Code, to obtain voter approval
141	141	before the district may impose an ad valorem tax or issue bonds
142	142	payable from ad valorem taxes.
143	143	(c) The district may not issue bonds payable from ad valorem
144	144	taxes to finance a road project unless the issuance is approved by a
145	145	vote of a two-thirds majority of the district voters voting at an
146	146	election held for that purpose.
147	147	Sec. 8318.152. OPERATION AND MAINTENANCE TAX. (a) If
148	148	authorized at an election held under Section 8318.151, the district
149	149	may impose an operation and maintenance tax on taxable property in
150	150	the district in accordance with Section 49.107, Water Code.
151	151	(b) The board shall determine the tax rate. The rate may not
152	152	exceed the rate approved at the election.
153	153	Sec. 8318.153. CONTRACT TAXES. (a) In accordance with
154	154	Section 49.108, Water Code, the district may impose a tax other than
155	155	an operation and maintenance tax and use the revenue derived from
156	156	the tax to make payments under a contract after the provisions of
157	157	the contract have been approved by a majority of the district voters
158	158	voting at an election held for that purpose.
159	159	(b) A contract approved by the district voters may contain a
160	160	provision stating that the contract may be modified or amended by
161	161	the board without further voter approval.
162	162	[Sections 8318.154-8318.200 reserved for expansion]
163	163	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
164	164	Sec. 8318.201. AUTHORITY TO ISSUE BONDS AND OTHER
165	165	OBLIGATIONS. The district may issue bonds or other obligations
166	166	payable wholly or partly from ad valorem taxes, impact fees,
167	167	revenue, contract payments, grants, or other district money, or any
168	168	combination of those sources, to pay for any authorized district
169	169	purpose.
170	170	Sec. 8318.202. TAXES FOR BONDS. At the time the district
171	171	issues bonds payable wholly or partly from ad valorem taxes, the
172	172	board shall provide for the annual imposition of a continuing
173	173	direct ad valorem tax, without limit as to rate or amount, while all
174	174	or part of the bonds are outstanding as required and in the manner
175	175	provided by Sections 54.601 and 54.602, Water Code.
176	176	Sec. 8318.203. BONDS FOR ROAD PROJECTS. At the time of
177	177	issuance, the total principal amount of bonds or other obligations
178	178	issued or incurred to finance road projects and payable from ad
179	179	valorem taxes may not exceed one-fourth of the assessed value of the
180	180	real property in the district.
181	181	SECTION 2. The Harris County Municipal Utility District No.
182	182	528 initially includes all the territory contained in the following
183	183	area:
184	184	TRACT 1
185	185	FIELD NOTES of a 27.8347 acre tract of land situated in the William
186	186	Scott Lower league, Abstract No. 65, Harris County, Texas, and
187	187	being out of and a part of a 1541 acre tract of land conveyed to
188	188	Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
189	189	November 29, 1935, and recorded in Volume 996 at Page 379 of the
190	190	Deed Records of Harris County, Texas. This 27.8347 acre tract of
191	191	land is more particularly described by metes and bounds as follows,
192	192	to-wit:
193	193	NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
194	194	REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
195	195	ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
196	196	0.9998389.
197	197	BEGINNING at a concrete right-of-way monument found at the
198	198	intersection of the North right-of-way line of Spur 55
199	199	(right-of-way width varies) and the East right-of-way line of State
200	200	Highway 146 (right-of-way width varies). Said point being
201	201	Westernmost Southwest corner and POINT OF BEGINNING of this tract
202	202	and having a State Plane Coordinate Value of N=13,832,328.10 and
203	203	E=3,250,340.20. Said point being in a curve to the left, concave
204	204	Westerly.
205	205	THENCE: Along and around said curve to the left, in a Northerly
206	206	direction, along the West line of this tract and the East
207	207	right-of-way line of said State Highway No. 146, said curve having a
208	208	central angle of 15°57'18", a radius of 1629.82 feet, and a chord
209	209	bearing and distance of North 23°06'38" East 452.39 feet, for an arc
210	210	length of 453.85 feet to a concrete right-of-way monument found for
211	211	the TERMINATION POINT of said curve.
212	212	THENCE: North 10°06'20" East along the West line of this tract and
213	213	the East right-of-way line of said State Highway No. 146, for a
214	214	distance of 97.12 feet to a 1/2 inch iron rod, with cap, set for the
215	215	Northwest corner of this tract and the Southwest corner of that
216	216	certain 33.00 acre tract of land conveyed by Ashbel Smith
217	217	Management Company, et al, to Goose Creek Consolidated Independent
218	218	School District by Deed dated June 5, 1991 and recorded under County
219	219	Clerk's File No. N174232 of the Official Public Records of Real
220	220	Property of Harris County, Texas.
221	221	THENCE: South 73°11'36" East along the North line of this tract and
222	222	the South line of said 33.00 acre tract for a distance of 1795.57
223	223	feet to a 1/2 inch iron rod, with cap, set in the West right-of-way
224	224	line of Tri-Cities Beach Road (80 feet wide right-of-way) for the
225	225	Southeast corner of said 33.00 acres and the Northeast corner of
226	226	this tract.
227	227	THENCE: South 08°04'39" East along the Northernmost East line of
228	228	this tract and the West right-of-way line of said Tri-Cities Beach
229	229	Road for a distance of 572.67 feet to a 1/2 inch iron rod, with cap,
230	230	set for the Easternmost Southeast corner of this tract at the
231	231	intersection of the West right-of-way line of Tri-Cities Beach Road
232	232	with the North right-of-way line of said Spur 55.
233	233	THENCE: South 49°20'06" West along the Southernmost East line of
234	234	this tract and the North right-of-way line of said Spur 55 for a
235	235	distance of 104.30 feet to 1/2 inch iron rod, with cap, set for the
236	236	Southernmost Southeast corner of this tract and an angle point in
237	237	the North right-of-way line of said Spur 55.
238	238	THENCE: North 73°15'09" West along the South line of this tract and
239	239	the North right-of-way line of said Spur 55 for a distance of 118.36
240	240	feet to a 1/2 inch iron rod, with cap, set for an angle point in said
241	241	line.
242	242	THENCE: North 74°30'59" West along the South line of this tract and
243	243	the North right-of-way line of said Spur 55 for a distance of
244	244	1813.52 feet to a 1/2 inch iron rod, with cap, set for the
245	245	Southernmost Southwest corner of this tract and an angle point in
246	246	the North right-of-way line of said Spur 55.
247	247	THENCE: North 23°25'09" West along the Southernmost West line of
248	248	this tract and the North right-of-way line of said Spur 55 for a
249	249	distance of 135.34 feet to the PLACE OF BEGINNING and containing
250	250	within these boundaries 27.8347 acres of land.
251	251	TRACT 2
252	252	FIELD NOTES of a 28.5456 acre tract of land situated in the William
253	253	Scott Lower league, Abstract No. 65, Harris County, Texas, and
254	254	being out of and a part of a 1541 acre tract of land conveyed to
255	255	Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
256	256	November 29, 1935, and recorded in Volume 996 at Page 379 of the
257	257	Deed Records of Harris County, Texas. This 28.5456 acre tract of
258	258	land is more particularly described by metes and bounds as follows,
259	259	to-wit:
260	260	NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
261	261	REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
262	262	ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
263	263	0.9998389.
264	264	BEGINNING at a 1/2 inch iron rod, with cap, set at the intersection
265	265	of the Northwest right-of-way line of State Highway No. 146 (200
266	266	feet wide right-of-way) with the East right-of-way of the Missouri
267	267	Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by
268	268	Ashbel Smith Land Company to Missouri Pacific Railroad Company by
269	269	Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486
270	270	of the Deed Records of Harris County, Texas). Said point being the
271	271	Southwest corner and POINT OF BEGINNING of this tract and having a
272	272	State Plane Coordinate Value of N=13,831,254.86 and
273	273	E=3,248,223.73.
274	274	THENCE: North 24°15'03" West along the Southernmost West line of
275	275	this tract and the East right-of-way line of said Missouri Pacific
276	276	Railroad for a distance of 540.66 feet to a 1/2 inch iron, with cap,
277	277	set for the BEGINNING POINT of a curve to the right, concave
278	278	Easterly.
279	279	THENCE: Along and around said curve to the right, in a
280	280	Northwesterly direction, along the Southernmost West line of this
281	281	tract and the East right-of-way line of said Missouri Pacific
282	282	Railroad, said curve having a central angle of 06°37'49", a radius
283	283	of 1065.93 feet, and a chord bearing and distance of North 20°56'07"
284	284	West 123.28 feet, for an arc length of 123.35 feet to a fence corner
285	285	post found for an interior corner of this tract and an exterior
286	286	corner of said Missouri Pacific Railroad.
287	287	THENCE: South 71°27'32" West along the Westernmost South line of
288	288	this tract and an exterior line of said Missouri Pacific Railroad
289	289	for a distance of 30.00 feet to a fence corner post found for an
290	290	exterior corner of this tract and an interior corner of said
291	291	Missouri Pacific Railroad; said point being the BEGINNING POINT of
292	292	a curve to the right, concave Easterly.
293	293	THENCE: Along and around said curve to the right, in a Northerly
294	294	direction, along the Northernmost West line of this tract and the
295	295	East right-of-way line of said Missouri Pacific Railroad, said
296	296	curve having a central angle of 17°22'22", a radius of 1095.93 feet,
297	297	and a chord bearing of North 08°57'32" West 331.03 feet, for an arc
298	298	length of 332.30 feet to a 1/2 inch iron rod, with cap, set for the
299	299	TERMINATION POINT of said curve.
300	300	THENCE: North 00°22'43" West along the Northernmost West line of
301	301	this tract and the East right-of-way line of said Missouri Pacific
302	302	Railroad for a distance of 164.82 feet to a fence corner post found
303	303	at the intersection of said line with the South right-of-way line of
304	304	Alexander Drive (120 feet wide right-of-way) for the Northwest
305	305	corner of this tract.
306	306	THENCE: South 88°36'31" East along the South right-of-way line of
307	307	South Alexander Drive and the North line of this tract for a
308	308	distance of 742.80 feet to a concrete right-of-way monument found
309	309	for an angle point in said line.
310	310	THENCE: South 88°51'51" East along the South right-of-way line of
311	311	South Alexander Drive and the North line of this tract for a
312	312	distance of 648.31 feet to a concrete right-of-way monument found
313	313	for the BEGINNING POINT of a curve to the right, concave Southerly.
314	314	THENCE: Along and around said curve to the right, along the North
315	315	line of this tract and the South right-of-way line of said South
316	316	Alexander Drive, in an Easterly direction, said curve having a
317	317	central angle of 07°23'27", a radius of 2804.76 feet, and a chord
318	318	bearing and distance of South 84°50'16" East 361.55 feet, for an arc
319	319	length of 361.80 feet to a 1/2 inch iron rod, with cap, set for the
320	320	Northeast corner of this tract at the intersection of the South
321	321	right-of-way line of South Alexander Drive with a West right-of-way
322	322	line of State Highway No. 146.
323	323	THENCE: South 18°20'49" East along the East line of this tract and a
324	324	West right-of-way line of said State Highway No. 146, for a distance
325	325	of 156.45 feet to a 1/2 inch iron rod, with cap, set for the
326	326	Southeast corner of this tract and an interior corner of said State
327	327	Highway No. 146 right-of-way. Said point being in a curve to the
328	328	right, concave Northerly.
329	329	THENCE: Along and around said curve to the right, in a Westerly
330	330	direction, along the South line of this tract and the North
331	331	right-of-way line of said State Highway No. 146, said curve having a
332	332	central angle of 07°12'01", a chord bearing and distance of South
333	333	48°00'47" West 476.69 feet, for an arc length of 477.00 feet to a 1/2
334	334	inch iron rod, with cap, set for the TERMINATION POINT of said
335	335	curve.
336	336	THENCE: South 59°19'20" West along the South line of this tract and
337	337	the North right-of-way line of said State Highway No. 146 for a
338	338	distance of 478.02 feet to a 1/2 inch iron rod, with cap, set for an
339	339	angle point in said line.
340	340	THENCE: South 65°20'11" West along the South line of this tract and
341	341	the North right-of-way line of said State Highway No. 146 for a
342	342	distance of 756.46 feet to the PLACE OF BEGINNING and containing
343	343	within these boundaries 28.5456 acres of land.
344	344	TRACT 3
345	345	FIELD NOTES of a 180.9042 acre tract of land situated in the William
346	346	Scott Lower League, Abstract No. 65, Harris County, Texas, and
347	347	being out of and a part of a 1541 acre tract of land conveyed to
348	348	Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
349	349	November 29, 1935, and recorded in Volume 996 at Page 379 of the
350	350	Deed Records of Harris County, Texas. This 180.9042 acre tract of
351	351	land is more particularly described by metes and bounds as follows,
352	352	to-wit:
353	353	NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
354	354	REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
355	355	ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
356	356	0.9998389.
357	357	COMMENCING at a 2 inch iron pipe for the Northeast corner of a
358	358	1.5116 acre tract of land called Tract 2 conveyed to Jack A. Howard,
359	359	et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and
360	360	recorded at County Clerk's file No. F530458 of the Official Public
361	361	Records of Real Property of Harris County, Texas, and in the South
362	362	right-of-way line of State Highway No. 146, 200 foot wide
363	363	right-of-way. Said COMMENCING POINT has a State Plane Coordinate
364	364	Value of N=13,830,522.01 and E=3,247,084.46.
365	365	THENCE: South 16°07'47" West along the East line of said 1.5116
366	366	acres for a distance of 677.44 feet to a 2-1/2 inch metal post for
367	367	the Northwest corner and POINT OF BEGINNING of this tract.
368	368	THENCE: South 89°15'51" East along the North line of this tract for
369	369	a distance of 1329.80 feet to a point for the Northeast corner of
370	370	this tract.
371	371	THENCE: South 00°44'09" West along the East line of this tract for a
372	372	distance of 2982.46 feet to a point for an angle point in said East
373	373	line.
374	374	THENCE: South 19°20'00" West along the East line of this tract for a
375	375	distance of 1000.68 feet to a point for an angle point in said East
376	376	line.
377	377	THENCE: South 31°08'04" West along the East line of this tract for a
378	378	distance of 908.34 feet to a point in the North right-of-way line of
379	379	Evergreen Road (60 feet wide right-of-way) for the Southeast corner
380	380	of this tract.
381	381	THENCE: North 58°51'56" West along the Easternmost South line of
382	382	this tract and the North right-of-way line of Evergreen Road for a
383	383	distance of 409.49 feet to a 1/2 inch iron rod, with cap, for the
384	384	BEGINNING POINT of a curve to the right, concave Northeast.
385	385	THENCE: Along and around said curve, in a Northwesterly direction,
386	386	with the Easternmost South line of this tract of land and the
387	387	Northeast right-of-way line of Evergreen Road, said curve having a
388	388	central angle of 15°59'48", a radius of 789.20 feet, and a chord
389	389	bearing and distance of North 50°50'40" West 219.63 feet, for an arc
390	390	length of 220.34 feet to a 1/2 inch iron rod for the TERMINATION
391	391	POINT of said curve.
392	392	THENCE: North 42°52'16" West along the Easternmost South line of
393	393	this tract of land and the Northeast right-of-way line of Evergreen
394	394	Road for a distance of 685.33 feet to a 1/2 inch iron rod for the
395	395	BEGINNING POINT of a curve to the left, concave Southwest.
396	396	THENCE: Along and around said curve to the left, in a Northerly
397	397	direction, with the Easternmost South line of this tract of land and
398	398	the Northeast right-of-way line of Evergreen Road, said curve
399	399	having a central angle of 03°08'33", a radius of 6814.28 feet, and a
400	400	chord bearing and distance of North 44°27'42" West 373.68 feet, for
401	401	an arc length of 373.73 feet, to a 1/2 inch iron rod for the
402	402	TERMINATION POINT of said curve.
403	403	THENCE: North 46°00'58" West along the Easternmost South line of
404	404	this tract of land and the Northeast right-of-way line of Evergreen
405	405	Road for a distance of 531.26 feet to a 1/2 inch iron rod, with cap,
406	406	for the Southernmost Southwest corner of this tract of land and the
407	407	Southeast corner of an 80 acre tract of land conveyed to Bill W.
408	408	Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and
409	409	recorded under County Clerk's File No. S210455 of the Official
410	410	Public Records of Real Property of Harris County, Texas.
411	411	THENCE: North 50°36'12" East along the Southernmost West line of
412	412	this tract of land and the East line of said 80 acre tract of land,
413	413	and at 2.37 feet pass a 4 inch pipe fence corner post, continuing
414	414	along said line and a barb wire fence a total distance of 536.04
415	415	feet to a 2 inch iron pipe for an interior corner of this tract of
416	416	land and an angle corner of said 80 acre tract of land.
417	417	THENCE: North 54°45'13" West along the Westernmost South line of
418	418	this tract and an exterior line of said 80 acre tract, and along a
419	419	barb wire fence, for a distance of 293.16 feet to a 1/2 inch iron
420	420	rod, with cap, for the Westernmost Southwest corner of this tract.
421	421	THENCE: In a Northerly direction along the Northernmost West line
422	422	of this tract of land and the East line of said 80 acre tract of
423	423	land, and a barb wire fence line the following courses and
424	424	distances:
425	425	North 16°15'01" East for a distance of 1171.99 feet to a 2 inch
426	426	iron pipe;
427	427	North 43°11'17" East for a distance of 341.17 feet to a 2 inch
428	428	iron pipe;
429	429	North 18°00'45" East for a distance of 481.29 feet to a 1/2
430	430	inch iron rod, with cap;
431	431	North 15°59'25" East for a distance of 927.59 feet to the
432	432	PLACE OF BEGINNING and containing within these boundaries 180.9042
433	433	acres of land.
434	434	SECTION 3. (a) The legal notice of the intention to
435	435	introduce this Act, setting forth the general substance of this
436	436	Act, has been published as provided by law, and the notice and a
437	437	copy of this Act have been furnished to all persons, agencies,
438	438	officials, or entities to which they are required to be furnished
439	439	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
440	440	Government Code.
441	441	(b) The governor, one of the required recipients, has
442	442	submitted the notice and Act to the Texas Commission on
443	443	Environmental Quality.
444	444	(c) The Texas Commission on Environmental Quality has filed
445	445	its recommendations relating to this Act with the governor, the
446	446	lieutenant governor, and the speaker of the house of
447	447	representatives within the required time.
448	448	(d) All requirements of the constitution and laws of this
449	449	state and the rules and procedures of the legislature with respect
450	450	to the notice, introduction, and passage of this Act are fulfilled
451	451	and accomplished.
452	452	SECTION 4. (a) Section 8318.106, Special District Local
453	453	Laws Code, as added by Section 1 of this Act, takes effect only if
454	454	this Act receives a two-thirds vote of all the members elected to
455	455	each house.
456	456	(b) If this Act does not receive a two-thirds vote of all the
457	457	members elected to each house, Subchapter C, Chapter 8318, Special
458	458	District Local Laws Code, as added by Section 1 of this Act, is
459	459	amended by adding Section 8318.106 to read as follows:
460	460	Sec. 8318.106. NO EMINENT DOMAIN POWER. The district may
461	461	not exercise the power of eminent domain.
462	462	(c) This section is not intended to be an expression of a
463	463	legislative interpretation of the requirements of Section 17(c),
464	464	Article I, Texas Constitution.
465	465	SECTION 5. Except as provided by Section 4 of this Act, this
466	466	Act takes effect September 1, 2011.
467	467	* * * * *