Texas 2013 - 83rd Regular

Texas Senate Bill SB1883 Compare Versions

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1	1	By: Schwertner S.B. No. 1883
2	2	(In the Senate - Filed April 8, 2013; April 9, 2013, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 29, 2013, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; April 29, 2013, 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 Leander TODD Municipal Utility
11	11	District No. 1 of Williamson County; providing authority to impose
12	12	a tax and issue 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 8412 to read as follows:
16	16	CHAPTER 8412. LEANDER TODD MUNICIPAL UTILITY DISTRICT
17	17	NO. 1 OF WILLIAMSON COUNTY
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8412.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Leander TODD Municipal
25	25	Utility District No. 1 of Williamson County.
26	26	Sec. 8412.002. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 8412.003. CONFIRMATION AND DIRECTORS' ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 8412.004. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section 8412.003
35	35	until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district.
39	39	Sec. 8412.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
40	40	(a) The district is created to serve a public purpose and benefit.
41	41	(b) The district is created to accomplish the purposes of:
42	42	(1) a municipal utility district as provided by
43	43	general law and Section 59, Article XVI, Texas Constitution; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, improvement, operation,
46	46	or maintenance of macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 8412.006. INITIAL DISTRICT TERRITORY. (a) The
49	49	district is initially composed of the territory described by
50	50	Section 2 of the Act enacting this chapter.
51	51	(b) The boundaries and field notes contained in Section 2 of
52	52	the Act enacting this chapter form a closure. A mistake made in the
53	53	field notes or in copying the field notes in the legislative process
54	54	does not affect the district's:
55	55	(1) organization, existence, or validity;
56	56	(2) right to issue any type of bond for the purposes
57	57	for which the district is created or to pay the principal of and
58	58	interest on a bond;
59	59	(3) right to impose a tax; or
60	60	(4) legality or operation.
61	61	Sec. 8412.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
62	62	REINVESTMENT ZONE. (a) The district is eligible to be included in
63	63	a tax increment reinvestment zone created under Chapter 311, Tax
64	64	Code.
65	65	(b) If the City of Leander has created or creates a tax
66	66	increment reinvestment zone described by Subsection (a) that
67	67	includes all or part of the territory of the district, the City of
68	68	Leander and the board of directors of the zone or a developer of
69	69	property within the tax increment reinvestment zone that receives
70	70	or will receive money from the tax increment fund, by contract with
71	71	the district, may grant money to the district from the tax increment
72	72	fund to be used for a permissible purpose of the district,
73	73	including:
74	74	(1) the right to pledge the money as security for a
75	75	bond or other obligation issued by the district; and
76	76	(2) any permissible purpose of a corporation under
77	77	Section 380.002(b), Local Government Code.
78	78	[Sections 8412.008-8412.050 reserved for expansion]
79	79	SUBCHAPTER B. BOARD OF DIRECTORS
80	80	Sec. 8412.051. GOVERNING BODY; TERMS. (a) The district is
81	81	governed by a board of five elected directors.
82	82	(b) Except as provided by Section 8412.052, directors serve
83	83	staggered four-year terms.
84	84	Sec. 8412.052. TEMPORARY DIRECTORS. (a) The temporary
85	85	board consists of:
86	86	(1) _________________;
87	87	(2) _________________;
88	88	(3) _________________;
89	89	(4) _________________; and
90	90	(5) _________________.
91	91	(b) Temporary directors serve until the earlier of:
92	92	(1) the date permanent directors are elected under
93	93	Section 8412.003; or
94	94	(2) the fourth anniversary of the effective date of
95	95	the Act enacting this chapter.
96	96	(c) If permanent directors have not been elected under
97	97	Section 8412.003 and the terms of the temporary directors have
98	98	expired, successor temporary directors shall be appointed or
99	99	reappointed as provided by Subsection (d) to serve terms that
100	100	expire on the earlier of:
101	101	(1) the date permanent directors are elected under
102	102	Section 8412.003; or
103	103	(2) the fourth anniversary of the date of the
104	104	appointment or reappointment.
105	105	(d) If Subsection (c) applies, the owner or owners of a
106	106	majority of the assessed value of the real property in the district
107	107	may submit a petition to the commission requesting that the
108	108	commission appoint as successor temporary directors the five
109	109	persons named in the petition. The commission shall appoint as
110	110	successor temporary directors the five persons named in the
111	111	petition.
112	112	[Sections 8412.053-8412.100 reserved for expansion]
113	113	SUBCHAPTER C. POWERS AND DUTIES
114	114	Sec. 8412.101. GENERAL POWERS AND DUTIES. The district has
115	115	the powers and duties necessary to accomplish the purposes for
116	116	which the district is created.
117	117	Sec. 8412.102. MUNICIPAL UTILITY DISTRICT POWERS AND
118	118	DUTIES. The district has the powers and duties provided by the
119	119	general law of this state, including Chapters 49 and 54, Water Code,
120	120	applicable to municipal utility districts created under Section 59,
121	121	Article XVI, Texas Constitution.
122	122	Sec. 8412.103. AUTHORITY FOR ROAD PROJECTS. Under Section
123	123	52, Article III, Texas Constitution, the district may design,
124	124	acquire, construct, finance, issue bonds for, improve, operate,
125	125	maintain, and convey to this state, a county, or a municipality for
126	126	operation and maintenance macadamized, graveled, or paved roads, or
127	127	improvements, including storm drainage, in aid of those roads.
128	128	Sec. 8412.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
129	129	road project must meet all applicable construction standards,
130	130	zoning and subdivision requirements, and regulations of each
131	131	municipality in whose corporate limits or extraterritorial
132	132	jurisdiction the road project is located.
133	133	(b) If a road project is not located in the corporate limits
134	134	or extraterritorial jurisdiction of a municipality, the road
135	135	project must meet all applicable construction standards,
136	136	subdivision requirements, and regulations of each county in which
137	137	the road project is located.
138	138	(c) If the state will maintain and operate the road, the
139	139	Texas Transportation Commission must approve the plans and
140	140	specifications of the road project.
141	141	Sec. 8412.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
142	142	OR RESOLUTION. (a) The district shall comply with all applicable
143	143	requirements of any ordinance or resolution that is adopted under
144	144	Section 54.016 or 54.0165, Water Code, and that consents to the
145	145	creation of the district or to the inclusion of land in the
146	146	district.
147	147	(b) In addition to all the rights and remedies provided by
148	148	other law, if the district violates the terms of an ordinance or
149	149	resolution described by Subsection (a), the municipality is
150	150	entitled to injunctive relief or a writ of mandamus issued by a
151	151	court requiring the district and the district's officials to
152	152	observe and comply with the terms of the ordinance or resolution.
153	153	Sec. 8412.106. EFFECT OF ANNEXATION OR INCLUSION WITHIN THE
154	154	CORPORATE BOUNDARIES OF THE CITY OF LEANDER. Notwithstanding
155	155	Section 54.016(f)(2), Water Code, an allocation agreement between
156	156	the City of Leander and the district that provides for the
157	157	allocation of the taxes or revenues of the district and the city
158	158	following the date of inclusion of all the district's territory in
159	159	the corporate limits of the city may provide that the total annual
160	160	ad valorem taxes collected by the city and the district from taxable
161	161	property in the district may exceed the city's ad valorem tax on
162	162	that property.
163	163	Sec. 8412.107. LIMITATION ON USE OF EMINENT DOMAIN. The
164	164	district may not exercise the power of eminent domain outside the
165	165	district to acquire a site or easement for:
166	166	(1) a road project authorized by Section 8412.103; or
167	167	(2) a recreational facility as defined by Section
168	168	49.462, Water Code.
169	169	[Sections 8412.108-8412.150 reserved for expansion]
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 8412.151. ELECTIONS REGARDING TAXES OR BONDS.
172	172	(a) The district may issue, without an election, bonds and other
173	173	obligations secured by:
174	174	(1) revenue other than ad valorem taxes; or
175	175	(2) contract payments described by Section 8412.153.
176	176	(b) The district must hold an election in the manner
177	177	provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	178	before the district may impose an ad valorem tax or issue bonds
179	179	payable from ad valorem taxes.
180	180	(c) The district may not issue bonds payable from ad valorem
181	181	taxes to finance a road project unless the issuance is approved by a
182	182	vote of a two-thirds majority of the district voters voting at an
183	183	election held for that purpose.
184	184	Sec. 8412.152. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 8412.151, the district
186	186	may impose an operation and maintenance tax on taxable property in
187	187	the district in accordance with Section 49.107, Water Code.
188	188	(b) The board shall determine the tax rate. The rate may not
189	189	exceed the rate approved at the election.
190	190	Sec. 8412.153. CONTRACT TAXES. (a) In accordance with
191	191	Section 49.108, Water Code, the district may impose a tax other than
192	192	an operation and maintenance tax and use the revenue derived from
193	193	the tax to make payments under a contract after the provisions of
194	194	the contract have been approved by a majority of the district voters
195	195	voting at an election held for that purpose.
196	196	(b) A contract approved by the district voters may contain a
197	197	provision stating that the contract may be modified or amended by
198	198	the board without further voter approval.
199	199	[Sections 8412.154-8412.200 reserved for expansion]
200	200	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	201	Sec. 8412.201. AUTHORITY TO ISSUE BONDS AND OTHER
202	202	OBLIGATIONS. The district may issue bonds or other obligations
203	203	payable wholly or partly from ad valorem taxes, impact fees,
204	204	revenue, contract payments, tax increment payments, grants, or
205	205	other district money, or any combination of those sources, to pay
206	206	for any authorized district purpose.
207	207	Sec. 8412.202. TAXES FOR BONDS. At the time the district
208	208	issues bonds payable wholly or partly from ad valorem taxes, the
209	209	board shall provide for the annual imposition of a continuing
210	210	direct ad valorem tax, without limit as to rate or amount, while all
211	211	or part of the bonds are outstanding as required and in the manner
212	212	provided by Sections 54.601 and 54.602, Water Code.
213	213	Sec. 8412.203. BONDS FOR ROAD PROJECTS. At the time of
214	214	issuance, the total principal amount of bonds or other obligations
215	215	issued or incurred to finance road projects and payable from ad
216	216	valorem taxes may not exceed one-fourth of the assessed value of the
217	217	real property in the district.
218	218	SECTION 2. The Leander TODD Municipal Utility District No.
219	219	1 of Williamson County initially includes all the territory
220	220	contained in the following area:
221	221	TRACT I:
222	222	THAT CERTAIN 297.47 ACRES, BEING A PART OF THE WILLIAM MANSIL
223	223	A- 437 AND THE HENRY GARMES SURVEY A-269, WILLIAMSON COUNTY, TEXAS,
224	224	SAID 297.47 ACRE TRACT BEING FURTHER DESCRIBED AS BEING ALL OF THAT
225	225	40.17 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JEAN
226	226	BAPTISTE, LTD. AS RECORDED IN DOCUMENT NO. 9926687 OF THE OFFICIAL
227	227	PUBLIC RECORDS OF THE SAID COUNTY, AND BEING A PORTION OF THOSE
228	228	THREE (3) TRACTS OF LAND DESCRIBED IN THE FOLLOWING TWO (2) SPECIAL
229	229	WARRANTY DEEDS TO THE SAID JEAN BAPTISTE, LTD., RECORDED IN THE SAID
230	230	OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY; 1) DOCUMENT NUMBER
231	231	9926685, TRACT ONE CONTAINING 199.8712 ACRES AND; 2) DOCUMENT
232	232	NUMBER 9926686, TRACT ONE CONTAINING 77.49 ACRES AND TRACT TWO
233	233	CONTAINING 77.484 ACRES, SAID 297.47 ACRE TRACT ALSO BEING EFFECTED
234	234	BY A BOUNDARY LINE AGREEMENT RECORDED IN DOCUMENT NUMBER 2005050819
235	235	OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS AND
236	236	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
237	237	BEGINNING at an iron rod with cap set (grid coordinates,
238	238	N:10,194,960.701, E:3,075,023.108) in the north line of the said
239	239	77.49 acre tract, same being a south line of a 4.91 acre tract of
240	240	land described in a deed to Gary Worth Seaman, et at as recorded in
241	241	Document Number 9648053 of the Official Public Records of the said
242	242	County from which an iron rod found at the northwest corner of said
243	243	77.49 acre tract bears S69°21'36"W at 546.24 feet passing an iron
244	244	rod with cap found at the northeast corner of that 8.305 acre tract
245	245	of land described in a Special Warranty Deed to County of Williamson
246	246	as recorded in Document Number 2005012314 of said Official Public
247	247	Records, continuing for a total distance of 830.77 feet;
248	248	THENCE, with the north line of the said 77.49 acre tract, the
249	249	following two (2) courses:
250	250	1) Same being the south line of the said 4.91 acre tract, N
251	251	69° 21' 36"E, 587.31 feet to a calculated point at the southeast
252	252	corner of the said 4.91 acre tract, same being the southwest corner
253	253	of that certain 5.27 acre tract described in a deed to The Moore
254	254	Company as recorded in Document No. 9644304 of the said Official
255	255	Public Records;
256	256	2) Same being the south line of the said 5.27 acre tract, N
257	257	69° 21' 51" E, 1474.49 feet to an iron rod found at the northeast
258	258	comer of the said 77.49 acre tract, said iron rod being in the west
259	259	line of that certain 2.3872 acre tract described in a deed to Benita
260	260	Cruces as recorded in Document Number 2003040417 of the said
261	261	Official Public Records;
262	262	THENCE, with the east line of the said 77.49 acre tract, same
263	263	being the west line of the said Cruces tract, S22° 33' 24"E, 265.99
264	264	feet to a calculated point at the northwest comer of the said 40.17
265	265	acre tract;
266	266	THENCE, with the north line of the said 40.17 acre tract, the
267	267	following ten (10) courses:
268	268	1) Same being the south line of the said Cruces tract, N 88°
269	269	01' 00" E, 317.05 feet to an iron rod found at the southeast corner
270	270	of the said Cruces tract, same being the southwest corner of that
271	271	certain 10.73 acre tract of land described in a deed to Ernest M.
272	272	Jordan as recorded in Volume 623, Page 350 of the said Official
273	273	Public Records;
274	274	2) N 87° 20' 23" E, 255.92 feet to nail found in tree;
275	275	3) N 87° 25' 06"E, 222.59 feet to a nail found in tree;
276	276	4) N 88° 38' 50"E, 183.83 feet to a metal fence comer post
277	277	found at the southeast comer of the said Jordan tract, same being
278	278	the southwest corner of that certain 10.061 acre tract described in
279	279	a deed to Teddy Jack Estes as recorded in Volume 2079, Page 729 of
280	280	the said Official Public Records;
281	281	5) N 87° 41' 59" E, 181.09 feet to an iron rod found;
282	282	6) N 89° 52' 0l" E, 63.68 feet to a nail found in tree;
283	283	7) N 88° 10' 32" E, 244.09 feet to a nail found in tree;
284	284	8) N 85° 41' 55" E, 93.59 feet to a nail found in tree;
285	285	9) S 88° 05' 09" E, 75.43 feet to a nail found in tree;
286	286	10) N 86° 33' 20" E, 93.07 feet to a nail found in tree at the
287	287	northeast comer of the said 40.17 acre tract, same being the
288	288	southeast comer of the said 10.061 acre tract and in the southwest
289	289	line of Lot 8, South San Gabriel Ranches, a subdivision recorded in
290	290	Volume 5, Page 12 of the Plat Records of the said County;
291	291	THENCE, with an east line of the said 40.17 acre tract, same
292	292	being the southwest line of the said Lot 8, S 33° 14' 25" E, 246.90
293	293	feet to a nail found at the south corner of the said Lot 8, same
294	294	being in the west right-of-way line of County Road 270;
295	295	THENCE, with the east line of the said 40.17 acre tract and
296	296	the west line of County Road 270, the following two (2) courses:
297	297	1) S 17° 20' 59" W, 514.19 feet to a nail found;
298	298	2) S 11°07' 11" E, 459.93 feet to an iron rod found at the
299	299	southeast comer of the said 40.17 acre tract, same being a northeast
300	300	comer of that certain 320.38 acre tract described in a deed to Sam
301	301	Winters and Roy A. Butler as recorded in Volume 511, Page 54 of the
302	302	said Official Public Records;
303	303	THENCE, with the south line of the said 40.17 acre tract and a
304	304	north line of the said 320.38 acre tract, N 89° 47' 15" W, 1366.91
305	305	feet to an iron rod found at the southwest corner of the said 40.17
306	306	acre tract, said iron rod also being in the northeast line of the
307	307	said 77.484 acre tract and a northwest corner of the said 320.38
308	308	acre tract;
309	309	THENCE, with the northeast line of the said 77.484 and
310	310	199.8712 acre tract same being a southwest line of the said 320.38
311	311	acre tract as described in the said boundary line agreement
312	312	recorded in Document Number 2005050819, S 21° 03' 19" E, 2,658.04
313	313	feet to an iron rod found at the southeast corner of the said
314	314	199.8712 acre tract, same being an interior corner of the said
315	315	320.38 acre tract;
316	316	THENCE, with the common line of the said 199.8712 acre tract
317	317	and the said 320.38 acre tract, the following seven (7) courses:
318	318	1) S 49° 24' 27" W, 431.16 feet to an iron rod found;
319	319	2) S 26° 12' 36" W, 353.97 feet to an iron rod found;
320	320	3) S 69° 48' 07" W, 346.17 feet to a calculated point;
321	321	4) S 51° 43' 53" W, 400.61 feet to an iron rod found;
322	322	5) S 84° 57' 19" W, 279.09 feet to an iron rod found;
323	323	6) S 71° 26' 46" W, 416.89 feet to an iron rod found;
324	324	7) N 85° 38' 48" W, 88.64 feet to an iron rod found;
325	325	THENCE, with the common line of the said 199.8712 acre tract
326	326	and the said 320.38 acre tract as described in the said boundary
327	327	line agreement recorded in Document Number 2005050819, S 67° 24' 49"
328	328	W, 61.70 feet to an iron rod with cap set;
329	329	THENCE, through the interior of said 199.8712 acre tract, the
330	330	following two (2) courses:
331	331	1) N 33° 00 '49" W, 903.85 feet to an iron rod with cap set;
332	332	2) S 69° 05' 33'' W, 764.94 feet to an iron rod with cap set in
333	333	the east line of that 11.104 acre tract described in said deed
334	334	recorded in Document Number 2005012314;
335	335	THENCE, continuing through the interior of the said 199.8712
336	336	acre tract, and with the east line of that 11.104 acre tract
337	337	described in said deed recorded in Document Number 2005012314,
338	338	along a curve to the right having a radius of 5529.58 feet, an arc
339	339	length of 278.32 feet, a central angle of 2° 53' 02", and a chord
340	340	which bears N 30° 09' 20" W, 278.29 feet to an iron rod found at the
341	341	northeast comer of said 11.104 acre tract, on a north line of the
342	342	said 199.8712 acre tract, same being the south line of that certain
343	343	tract of land described as 34.9 acres to Louie Bryson and wife, Ruby
344	344	Bryson and recorded in Volume 525, Page 64 of the said Official
345	345	Public Records;
346	346	THENCE, with a common line of the said 199.8712 acre tract and
347	347	the said 34.9 acre tract, the following two (2) courses:
348	348	1) N 67° 50' 41"E, 419.72 feet to an iron rod found;
349	349	2) N 21° 22' 21" W,393.09 feet to an iron rod found at the
350	350	southeast corner of that certain 17.46 acre tract described in a
351	351	deed to West Texas Trading Retirement, Ltd. as recorded in Volume
352	352	2058, Page 119 of the said Official Public Records;
353	353	THENCE, with the common line of the said 199.8712 acre tract
354	354	and the said 17.46 acre tract, the following two (2) courses:
355	355	1) N 21° 23' 02"W, 306.66 feet to an iron rod found;
356	356	2) N 21° 10' 03"W, 312.72 feet to an iron rod found at the
357	357	southeast comer of that certain 5.96 acre tract described in a deed
358	358	to Gary G. Bonnet as recorded in Volume 2697, Page 599 of the said
359	359	Official Public Records;
360	360	THENCE, with a common line of the said 199.8712 acre tract and
361	361	the said 5.96 acre tract, N 20° 56' 22'' W, 312.98 feet to an iron
362	362	rod found at the northeast comer of the said 5.96 acre tract;
363	363	THENCE, with the common line of the said 199.8712 acre tract
364	364	and the said 77.484 acre tract, N 69° 35' 16" E, 65.11 feet to an iron
365	365	rod with cap set;
366	366	THENCE, through the interior of the said 77.484 acre tract
367	367	and said 77.49 acre tract, the following four (4) courses:
368	368	1) N 13° 48' 31" W, 715.22 feet to an iron rod with cap set;
369	369	2) N 84° 52' 36" E, 303.74 feet to an iron rod with cap set;
370	370	3) N 04° 46' 08" W, 951.97 feet to an iron rod with cap set;
371	371	4) N 20° 34' 25'' W, 435.85 feet to the POINT OF BEGINNING and
372	372	containing 297.47 acre of land.
373	373	TRACT II:
374	374	All that certain 3.185 acres of land out of the residue of the
375	375	5.96 acre tract described in the deed from Charles B. Smart to Gary
376	376	G. Bonnet, recorded under Vol. 2697, Pg. 599 in the Official Public
377	377	Records of Williamson County, Texas, in the William Mansil Survey,
378	378	A-437, Williamson County, Texas and more particularly described by
379	379	metes and bounds as follows: (All bearings based on the Texas State
380	380	Plane Coordinate System Central Zone.
381	381	BEGINNING at a 1/2" rod found for the southeast comer of the
382	382	said 5.96 acre tract, common to a point in the west line of 297.47
383	383	acre tract described in the deed from Waterstone Jean Baptiste,
384	384	L.P. to WYA Villages of Messina, Ltd., recorded under Document No.
385	385	2007004725, in the Official Public Records of Williamson County,
386	386	Texas, and common to the northeast comer of the residue of the 17.46
387	387	acre tract described in the deed from J.W. Small to West Texas
388	388	Trading Retirement, Ltd. recorded under Vol. 2058, Pg. 119, in the
389	389	Official Records of Williamson County, Texas.
390	390	THENCE South 70°01'53" West, a distance of 457.08' with the
391	391	south line of said 5.96 acre tract, common to the north line of said
392	392	17.46 acre tract to the point of curvature of a curve to the right,
393	393	having a Delta Angle of 03°12'28", a radius of 5529.58, and from
394	394	which point the radius bears North 71°58'10" East, in the east
395	395	right-of-way line of US 183A as described in the deed from Gary G.
396	396	Bonnet to Williamson County, Texas recorded under Document No.
397	397	2004090173, in the Official Public Records of Williamson County,
398	398	Texas, from which a 1/2" iron rod with cap bears North 70°01 '53"
399	399	East, a distance of 0.21';
400	400	THENCE along said curve to the right in a northerly
401	401	direction, with the east right-of-way line of said US 183A, an arc
402	402	distance of 309.57' to a 1/2" iron rod with cap set for the end of
403	403	curve in the north line of said 5.96 acre tract, and in a line of the
404	404	residue of a 372.54 acre tract described in the deed from Jean
405	405	Baptiste, Ltd. to Waterstone Jean Baptiste, L.P. recorded under
406	406	Document No. 2004099499 in the Official Public Records of
407	407	Williamson County, Texas;
408	408	THENCE North 69°30'19" East, a distance of 432.52', with the
409	409	north line of said 5.96 acre tract, common to a line of said 372.54
410	410	acre tract to a 1/2" iron rod found for the northeast corner of the
411	411	said 5.96 acre tract, common to an angle point in a west line of said
412	412	297.47 acre tract, from which a 1/2" iron rod found for an angle
413	413	point of said 297.47 acre tract bears North 69°37' 11" East, a
414	414	distance of 65.12';
415	415	THENCE South 20°57'58" East, a distance of 312.96', with the
416	416	east line of said 5.96 acre tract, common to a west line of the said
417	417	297.47 acre tract, to the POINT OF BEGINNING of the herein described
418	418	tract, and containing 3.185 acres of land;
419	419	SECTION 3. (a) The legal notice of the intention to
420	420	introduce this Act, setting forth the general substance of this
421	421	Act, has been published as provided by law, and the notice and a
422	422	copy of this Act have been furnished to all persons, agencies,
423	423	officials, or entities to which they are required to be furnished
424	424	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
425	425	Government Code.
426	426	(b) The governor, one of the required recipients, has
427	427	submitted the notice and Act to the Texas Commission on
428	428	Environmental Quality.
429	429	(c) The Texas Commission on Environmental Quality has filed
430	430	its recommendations relating to this Act with the governor, the
431	431	lieutenant governor, and the speaker of the house of
432	432	representatives within the required time.
433	433	(d) All requirements of the constitution and laws of this
434	434	state and the rules and procedures of the legislature with respect
435	435	to the notice, introduction, and passage of this Act are fulfilled
436	436	and accomplished.
437	437	SECTION 4. (a) Section 8412.107, Special District Local
438	438	Laws Code, as added by Section 1 of this Act, takes effect only if
439	439	this Act receives a two-thirds vote of all the members elected to
440	440	each house.
441	441	(b) If this Act does not receive a two-thirds vote of all the
442	442	members elected to each house, Subchapter C, Chapter 8412, Special
443	443	District Local Laws Code, as added by Section 1 of this Act, is
444	444	amended by adding Section 8412.107 to read as follows:
445	445	Sec. 8412.107. NO EMINENT DOMAIN POWER. The district may
446	446	not exercise the power of eminent domain.
447	447	(c) This section is not intended to be an expression of a
448	448	legislative interpretation of the requirements of Subsection (c),
449	449	Section 17, Article I, Texas Constitution.
450	450	SECTION 5. Except as provided by Section 4 of this Act:
451	451	(1) this Act takes effect immediately if it receives a
452	452	vote of two-thirds of all the members elected to each house, as
453	453	provided by Section 39, Article III, Texas Constitution; and
454	454	(2) if this Act does not receive the vote necessary for
455	455	immediate effect, this Act takes effect September 1, 2013.
456	456	* * * * *