Texas 2011 - 82nd Regular

Texas Senate Bill SB813 Compare Versions

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1	1	By: Gallegos S.B. No. 813
2	2	(Smith of Harris)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Harris County Municipal Utility
7	7	District No. 528; providing authority to impose a tax and issue
8	8	bonds; granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8318 to read as follows:
12	12	CHAPTER 8318. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8318.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Harris County Municipal
20	20	Utility District No. 528.
21	21	Sec. 8318.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8318.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8318.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8318.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8318.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8318.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8318.007-8318.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8318.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8318.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8318.052. TEMPORARY DIRECTORS. (a) On or after
63	63	September 1, 2011, the owner or owners of a majority of the assessed
64	64	value of the real property in the district may submit a petition to
65	65	the commission requesting that the commission appoint as temporary
66	66	directors the five persons named in the petition. The commission
67	67	shall appoint as temporary directors the five persons named in the
68	68	petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8318.003; or
72	72	(2) September 1, 2015.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8318.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8318.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	[Sections 8318.053-8318.100 reserved for expansion]
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8318.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8318.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8318.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8318.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8318.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution adopted by the city
121	121	council of the City of Baytown.
122	122	Sec. 8318.106. LIMITATION ON USE OF EMINENT DOMAIN. The
123	123	district may not exercise the power of eminent domain outside the
124	124	district to acquire a site or easement for:
125	125	(1) a road project authorized by Section 8318.103; or
126	126	(2) a recreational facility as defined by Section
127	127	49.462, Water Code.
128	128	[Sections 8318.107-8318.150 reserved for expansion]
129	129	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	130	Sec. 8318.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
131	131	The district may issue, without an election, bonds and other
132	132	obligations secured by:
133	133	(1) revenue other than ad valorem taxes; or
134	134	(2) contract payments described by Section 8318.153.
135	135	(b) The district must hold an election in the manner
136	136	provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	137	before the district may impose an ad valorem tax or issue bonds
138	138	payable from ad valorem taxes.
139	139	(c) The district may not issue bonds payable from ad valorem
140	140	taxes to finance a road project unless the issuance is approved by a
141	141	vote of a two-thirds majority of the district voters voting at an
142	142	election held for that purpose.
143	143	Sec. 8318.152. OPERATION AND MAINTENANCE TAX. (a) If
144	144	authorized at an election held under Section 8318.151, the district
145	145	may impose an operation and maintenance tax on taxable property in
146	146	the district in accordance with Section 49.107, Water Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 8318.153. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	[Sections 8318.154-8318.200 reserved for expansion]
159	159	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
160	160	Sec. 8318.201. AUTHORITY TO ISSUE BONDS AND OTHER
161	161	OBLIGATIONS. The district may issue bonds or other obligations
162	162	payable wholly or partly from ad valorem taxes, impact fees,
163	163	revenue, contract payments, grants, or other district money, or any
164	164	combination of those sources, to pay for any authorized district
165	165	purpose.
166	166	Sec. 8318.202. TAXES FOR BONDS. At the time the district
167	167	issues bonds payable wholly or partly from ad valorem taxes, the
168	168	board shall provide for the annual imposition of a continuing
169	169	direct ad valorem tax, without limit as to rate or amount, while all
170	170	or part of the bonds are outstanding as required and in the manner
171	171	provided by Sections 54.601 and 54.602, Water Code.
172	172	Sec. 8318.203. BONDS FOR ROAD PROJECTS. At the time of
173	173	issuance, the total principal amount of bonds or other obligations
174	174	issued or incurred to finance road projects and payable from ad
175	175	valorem taxes may not exceed one-fourth of the assessed value of the
176	176	real property in the district.
177	177	SECTION 2. The Harris County Municipal Utility District No.
178	178	528 initially includes all the territory contained in the following
179	179	area:
180	180	TRACT 1
181	181	FIELD NOTES of a 27.8347 acre tract of land situated in the William
182	182	Scott Lower league, Abstract No. 65, Harris County, Texas, and
183	183	being out of and a part of a 1541 acre tract of land conveyed to
184	184	Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
185	185	November 29, 1935, and recorded in Volume 996 at Page 379 of the
186	186	Deed Records of Harris County, Texas. This 27.8347 acre tract of
187	187	land is more particularly described by metes and bounds as follows,
188	188	to-wit:
189	189	NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
190	190	REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
191	191	ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
192	192	0.9998389.
193	193	BEGINNING at a concrete right-of-way monument found at the
194	194	intersection of the North right-of-way line of Spur 55
195	195	(right-of-way width varies) and the East right-of-way line of State
196	196	Highway 146 (right-of-way width varies). Said point being
197	197	Westernmost Southwest corner and POINT OF BEGINNING of this tract
198	198	and having a State Plane Coordinate Value of N=13,832,328.10 and
199	199	E=3,250,340.20. Said point being in a curve to the left, concave
200	200	Westerly.
201	201	THENCE: Along and around said curve to the left, in a Northerly
202	202	direction, along the West line of this tract and the East
203	203	right-of-way line of said State Highway No. 146, said curve having a
204	204	central angle of 15°57'18", a radius of 1629.82 feet, and a chord
205	205	bearing and distance of North 23°06'38" East 452.39 feet, for an arc
206	206	length of 453.85 feet to a concrete right-of-way monument found for
207	207	the TERMINATION POINT of said curve.
208	208	THENCE: North 10°06'20" East along the West line of this tract and
209	209	the East right-of-way line of said State Highway No. 146, for a
210	210	distance of 97.12 feet to a 1/2 inch iron rod, with cap, set for the
211	211	Northwest corner of this tract and the Southwest corner of that
212	212	certain 33.00 acre tract of land conveyed by Ashbel Smith
213	213	Management Company, et al, to Goose Creek Consolidated Independent
214	214	School District by Deed dated June 5, 1991 and recorded under County
215	215	Clerk's File No. N174232 of the Official Public Records of Real
216	216	Property of Harris County, Texas.
217	217	THENCE: South 73°11'36" East along the North line of this tract and
218	218	the South line of said 33.00 acre tract for a distance of 1795.57
219	219	feet to a 1/2 inch iron rod, with cap, set in the West right-of-way
220	220	line of Tri-Cities Beach Road (80 feet wide right-of-way) for the
221	221	Southeast corner of said 33.00 acres and the Northeast corner of
222	222	this tract.
223	223	THENCE: South 08°04'39" East along the Northernmost East line of
224	224	this tract and the West right-of-way line of said Tri-Cities Beach
225	225	Road for a distance of 572.67 feet to a 1/2 inch iron rod, with cap,
226	226	set for the Easternmost Southeast corner of this tract at the
227	227	intersection of the West right-of-way line of Tri-Cities Beach Road
228	228	with the North right-of-way line of said Spur 55.
229	229	THENCE: South 49°20'06" West along the Southernmost East line of
230	230	this tract and the North right-of-way line of said Spur 55 for a
231	231	distance of 104.30 feet to 1/2 inch iron rod, with cap, set for the
232	232	Southernmost Southeast corner of this tract and an angle point in
233	233	the North right-of-way line of said Spur 55.
234	234	THENCE: North 73°15'09" West along the South line of this tract and
235	235	the North right-of-way line of said Spur 55 for a distance of 118.36
236	236	feet to a 1/2 inch iron rod, with cap, set for an angle point in said
237	237	line.
238	238	THENCE: North 74°30'59" 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
240	240	1813.52 feet to a 1/2 inch iron rod, with cap, set for the
241	241	Southernmost Southwest corner of this tract and an angle point in
242	242	the North right-of-way line of said Spur 55.
243	243	THENCE: North 23°25'09" West along the Southernmost West line of
244	244	this tract and the North right-of-way line of said Spur 55 for a
245	245	distance of 135.34 feet to the PLACE OF BEGINNING and containing
246	246	within these boundaries 27.8347 acres of land.
247	247	TRACT 2
248	248	FIELD NOTES of a 28.5456 acre tract of land situated in the William
249	249	Scott Lower league, Abstract No. 65, Harris County, Texas, and
250	250	being out of and a part of a 1541 acre tract of land conveyed to
251	251	Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
252	252	November 29, 1935, and recorded in Volume 996 at Page 379 of the
253	253	Deed Records of Harris County, Texas. This 28.5456 acre tract of
254	254	land is more particularly described by metes and bounds as follows,
255	255	to-wit:
256	256	NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
257	257	REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
258	258	ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
259	259	0.9998389.
260	260	BEGINNING at a 1/2 inch iron rod, with cap, set at the intersection
261	261	of the Northwest right-of-way line of State Highway No. 146 (200
262	262	feet wide right-of-way) with the East right-of-way of the Missouri
263	263	Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by
264	264	Ashbel Smith Land Company to Missouri Pacific Railroad Company by
265	265	Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486
266	266	of the Deed Records of Harris County, Texas). Said point being the
267	267	Southwest corner and POINT OF BEGINNING of this tract and having a
268	268	State Plane Coordinate Value of N=13,831,254.86 and
269	269	E=3,248,223.73.
270	270	THENCE: North 24°15'03" West along the Southernmost West line of
271	271	this tract and the East right-of-way line of said Missouri Pacific
272	272	Railroad for a distance of 540.66 feet to a 1/2 inch iron, with cap,
273	273	set for the BEGINNING POINT of a curve to the right, concave
274	274	Easterly.
275	275	THENCE: Along and around said curve to the right, in a
276	276	Northwesterly direction, along the Southernmost West line of this
277	277	tract and the East right-of-way line of said Missouri Pacific
278	278	Railroad, said curve having a central angle of 06°37'49", a radius
279	279	of 1065.93 feet, and a chord bearing and distance of North 20°56'07"
280	280	West 123.28 feet, for an arc length of 123.35 feet to a fence corner
281	281	post found for an interior corner of this tract and an exterior
282	282	corner of said Missouri Pacific Railroad.
283	283	THENCE: South 71°27'32" West along the Westernmost South line of
284	284	this tract and an exterior line of said Missouri Pacific Railroad
285	285	for a distance of 30.00 feet to a fence corner post found for an
286	286	exterior corner of this tract and an interior corner of said
287	287	Missouri Pacific Railroad; said point being the BEGINNING POINT of
288	288	a curve to the right, concave Easterly.
289	289	THENCE: Along and around said curve to the right, in a Northerly
290	290	direction, along the Northernmost West line of this tract and the
291	291	East right-of-way line of said Missouri Pacific Railroad, said
292	292	curve having a central angle of 17°22'22", a radius of 1095.93 feet,
293	293	and a chord bearing of North 08°57'32" West 331.03 feet, for an arc
294	294	length of 332.30 feet to a 1/2 inch iron rod, with cap, set for the
295	295	TERMINATION POINT of said curve.
296	296	THENCE: North 00°22'43" West along the Northernmost West line of
297	297	this tract and the East right-of-way line of said Missouri Pacific
298	298	Railroad for a distance of 164.82 feet to a fence corner post found
299	299	at the intersection of said line with the South right-of-way line of
300	300	Alexander Drive (120 feet wide right-of-way) for the Northwest
301	301	corner of this tract.
302	302	THENCE: South 88°36'31" East along the South right-of-way line of
303	303	South Alexander Drive and the North line of this tract for a
304	304	distance of 742.80 feet to a concrete right-of-way monument found
305	305	for an angle point in said line.
306	306	THENCE: South 88°51'51" 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 648.31 feet to a concrete right-of-way monument found
309	309	for the BEGINNING POINT of a curve to the right, concave Southerly.
310	310	THENCE: Along and around said curve to the right, along the North
311	311	line of this tract and the South right-of-way line of said South
312	312	Alexander Drive, in an Easterly direction, said curve having a
313	313	central angle of 07°23'27", a radius of 2804.76 feet, and a chord
314	314	bearing and distance of South 84°50'16" East 361.55 feet, for an arc
315	315	length of 361.80 feet to a 1/2 inch iron rod, with cap, set for the
316	316	Northeast corner of this tract at the intersection of the South
317	317	right-of-way line of South Alexander Drive with a West right-of-way
318	318	line of State Highway No. 146.
319	319	THENCE: South 18°20'49" East along the East line of this tract and a
320	320	West right-of-way line of said State Highway No. 146, for a distance
321	321	of 156.45 feet to a 1/2 inch iron rod, with cap, set for the
322	322	Southeast corner of this tract and an interior corner of said State
323	323	Highway No. 146 right-of-way. Said point being in a curve to the
324	324	right, concave Northerly.
325	325	THENCE: Along and around said curve to the right, in a Westerly
326	326	direction, along the South line of this tract and the North
327	327	right-of-way line of said State Highway No. 146, said curve having a
328	328	central angle of 07°12'01", a chord bearing and distance of South
329	329	48°00'47" West 476.69 feet, for an arc length of 477.00 feet to a 1/2
330	330	inch iron rod, with cap, set for the TERMINATION POINT of said
331	331	curve.
332	332	THENCE: South 59°19'20" West along the South line of this tract and
333	333	the North right-of-way line of said State Highway No. 146 for a
334	334	distance of 478.02 feet to a 1/2 inch iron rod, with cap, set for an
335	335	angle point in said line.
336	336	THENCE: South 65°20'11" 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 756.46 feet to the PLACE OF BEGINNING and containing
339	339	within these boundaries 28.5456 acres of land.
340	340	TRACT 3
341	341	FIELD NOTES of a 180.9042 acre tract of land situated in the William
342	342	Scott Lower League, Abstract No. 65, Harris County, Texas, and
343	343	being out of and a part of a 1541 acre tract of land conveyed to
344	344	Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated
345	345	November 29, 1935, and recorded in Volume 996 at Page 379 of the
346	346	Deed Records of Harris County, Texas. This 180.9042 acre tract of
347	347	land is more particularly described by metes and bounds as follows,
348	348	to-wit:
349	349	NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
350	350	REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
351	351	ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR =
352	352	0.9998389.
353	353	COMMENCING at a 2 inch iron pipe for the Northeast corner of a
354	354	1.5116 acre tract of land called Tract 2 conveyed to Jack A. Howard,
355	355	et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and
356	356	recorded at County Clerk's file No. F530458 of the Official Public
357	357	Records of Real Property of Harris County, Texas, and in the South
358	358	right-of-way line of State Highway No. 146, 200 foot wide
359	359	right-of-way. Said COMMENCING POINT has a State Plane Coordinate
360	360	Value of N=13,830,522.01 and E=3,247,084.46.
361	361	THENCE: South 16°07'47" West along the East line of said 1.5116
362	362	acres for a distance of 677.44 feet to a 2-1/2 inch metal post for
363	363	the Northwest corner and POINT OF BEGINNING of this tract.
364	364	THENCE: South 89°15'51" East along the North line of this tract for
365	365	a distance of 1329.80 feet to a point for the Northeast corner of
366	366	this tract.
367	367	THENCE: South 00°44'09" West along the East line of this tract for a
368	368	distance of 2982.46 feet to a point for an angle point in said East
369	369	line.
370	370	THENCE: South 19°20'00" West along the East line of this tract for a
371	371	distance of 1000.68 feet to a point for an angle point in said East
372	372	line.
373	373	THENCE: South 31°08'04" West along the East line of this tract for a
374	374	distance of 908.34 feet to a point in the North right-of-way line of
375	375	Evergreen Road (60 feet wide right-of-way) for the Southeast corner
376	376	of this tract.
377	377	THENCE: North 58°51'56" West along the Easternmost South line of
378	378	this tract and the North right-of-way line of Evergreen Road for a
379	379	distance of 409.49 feet to a 1/2 inch iron rod, with cap, for the
380	380	BEGINNING POINT of a curve to the right, concave Northeast.
381	381	THENCE: Along and around said curve, in a Northwesterly direction,
382	382	with the Easternmost South line of this tract of land and the
383	383	Northeast right-of-way line of Evergreen Road, said curve having a
384	384	central angle of 15°59'48", a radius of 789.20 feet, and a chord
385	385	bearing and distance of North 50°50'40" West 219.63 feet, for an arc
386	386	length of 220.34 feet to a 1/2 inch iron rod for the TERMINATION
387	387	POINT of said curve.
388	388	THENCE: North 42°52'16" West along the Easternmost South line of
389	389	this tract of land and the Northeast right-of-way line of Evergreen
390	390	Road for a distance of 685.33 feet to a 1/2 inch iron rod for the
391	391	BEGINNING POINT of a curve to the left, concave Southwest.
392	392	THENCE: Along and around said curve to the left, in a Northerly
393	393	direction, with the Easternmost South line of this tract of land and
394	394	the Northeast right-of-way line of Evergreen Road, said curve
395	395	having a central angle of 03°08'33", a radius of 6814.28 feet, and a
396	396	chord bearing and distance of North 44°27'42" West 373.68 feet, for
397	397	an arc length of 373.73 feet, to a 1/2 inch iron rod for the
398	398	TERMINATION POINT of said curve.
399	399	THENCE: North 46°00'58" West along the Easternmost South line of
400	400	this tract of land and the Northeast right-of-way line of Evergreen
401	401	Road for a distance of 531.26 feet to a 1/2 inch iron rod, with cap,
402	402	for the Southernmost Southwest corner of this tract of land and the
403	403	Southeast corner of an 80 acre tract of land conveyed to Bill W.
404	404	Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and
405	405	recorded under County Clerk's File No. S210455 of the Official
406	406	Public Records of Real Property of Harris County, Texas.
407	407	THENCE: North 50°36'12" East along the Southernmost West line of
408	408	this tract of land and the East line of said 80 acre tract of land,
409	409	and at 2.37 feet pass a 4 inch pipe fence corner post, continuing
410	410	along said line and a barb wire fence a total distance of 536.04
411	411	feet to a 2 inch iron pipe for an interior corner of this tract of
412	412	land and an angle corner of said 80 acre tract of land.
413	413	THENCE: North 54°45'13" West along the Westernmost South line of
414	414	this tract and an exterior line of said 80 acre tract, and along a
415	415	barb wire fence, for a distance of 293.16 feet to a 1/2 inch iron
416	416	rod, with cap, for the Westernmost Southwest corner of this tract.
417	417	THENCE: In a Northerly direction along the Northernmost West line
418	418	of this tract of land and the East line of said 80 acre tract of
419	419	land, and a barb wire fence line the following courses and
420	420	distances:
421	421	North 16°15'01" East for a distance of 1171.99 feet to a 2 inch
422	422	iron pipe;
423	423	North 43°11'17" East for a distance of 341.17 feet to a 2 inch
424	424	iron pipe;
425	425	North 18°00'45" East for a distance of 481.29 feet to a 1/2
426	426	inch iron rod, with cap;
427	427	North 15°59'25" East for a distance of 927.59 feet to the
428	428	PLACE OF BEGINNING and containing within these boundaries 180.9042
429	429	acres of land.
430	430	SECTION 3. (a) The legal notice of the intention to
431	431	introduce this Act, setting forth the general substance of this
432	432	Act, has been published as provided by law, and the notice and a
433	433	copy of this Act have been furnished to all persons, agencies,
434	434	officials, or entities to which they are required to be furnished
435	435	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
436	436	Government Code.
437	437	(b) The governor, one of the required recipients, has
438	438	submitted the notice and Act to the Texas Commission on
439	439	Environmental Quality.
440	440	(c) The Texas Commission on Environmental Quality has filed
441	441	its recommendations relating to this Act with the governor, the
442	442	lieutenant governor, and the speaker of the house of
443	443	representatives within the required time.
444	444	(d) All requirements of the constitution and laws of this
445	445	state and the rules and procedures of the legislature with respect
446	446	to the notice, introduction, and passage of this Act are fulfilled
447	447	and accomplished.
448	448	SECTION 4. (a) Section 8318.106, Special District Local
449	449	Laws Code, as added by Section 1 of this Act, takes effect only if
450	450	this Act receives a two-thirds vote of all the members elected to
451	451	each house.
452	452	(b) If this Act does not receive a two-thirds vote of all the
453	453	members elected to each house, Subchapter C, Chapter 8318, Special
454	454	District Local Laws Code, as added by Section 1 of this Act, is
455	455	amended by adding Section 8318.106 to read as follows:
456	456	Sec. 8318.106. NO EMINENT DOMAIN POWER. The district may
457	457	not exercise the power of eminent domain.
458	458	(c) This section is not intended to be an expression of a
459	459	legislative interpretation of the requirements of Subsection (c),
460	460	Section 17, Article I, Texas Constitution.
461	461	SECTION 5. Except as provided by Section 4 of this Act, this
462	462	Act takes effect September 1, 2011.