Texas 2013 - 83rd Regular

Texas Senate Bill SB706 Compare Versions

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1	1	By: Taylor S.B. No. 706
2	2	(Thompson of Brazoria)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Brazoria County Municipal Utility
7	7	District No. 47; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8464 to read as follows:
13	13	CHAPTER 8464. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 47
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8464.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Brazoria County Municipal
21	21	Utility District No. 47.
22	22	Sec. 8464.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8464.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8464.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8464.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8464.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8464.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8464.051. 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 8464.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8464.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8464.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8464.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8464.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8464.101. 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. 8464.102. 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. 8464.103. 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. 8464.104. 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. 8464.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 8464.151. ELECTIONS REGARDING TAXES OR BONDS.
126	126	(a) The district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 8464.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 8464.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 8464.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 8464.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 8464.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 8464.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 8464.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Brazoria County Municipal Utility District
172	172	No. 47 initially includes all the territory contained in the
173	173	following area:
174	174	TRACT 1
175	175	A 100.53-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD
176	176	CO. SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY,
177	177	TEXAS, BEING ALL OF LOTS 33, 35, 38, 39, 40, AND UN-NUMBERED TRACT,
178	178	OF THE EMIGRATION LAND COMPANY SUBDIVISION, RECORDED IN VOLUME 2,
179	179	PAGE 81 OF THE BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.), AND
180	180	DESCRIBED IN DEED TO NEW RODEO 288, LTD, RECORDED UNDER DOCUMENT
181	181	NUMBER 2005039091 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY
182	182	(O.R.O.B.C.), SAID 100.53-ACRE TRACT BEING MORE PARTICULARLY
183	183	DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO
184	184	PALMS SUBDIVISION, SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO
185	185	136 OF BRAZORIA COUNTY PLAT RECORDS):
186	186	BEGINNING at a 1/2-inch iron pipe with cap stamped "Brown &
187	187	Gay" found at the southwest corner of said Lot 35, being at the east
188	188	right-of-way line of a 40-feet wide road dedicated by said
189	189	subdivision, and marking the southwest corner of the herein
190	190	described tract;
191	191	(1) THENCE North 03°23'15" West, a distance of 702.50 feet
192	192	along the common line of said Lot 35 and said east right-of-way
193	193	line, to an interior corner of the herein described tract, from
194	194	which a found 3/8-inch iron rod, bears North 03°23' West, 0.4 feet;
195	195	(2) THENCE North 86°38'32" East, a distance of 640.37 feet
196	196	along the common line of Lots 34 and 35, to a 1/2-inch iron pipe with
197	197	cap stamped "Brown & Gay" found at the southeast corner of Lot 34,
198	198	same being an interior corner of the herein described tract;
199	199	(3) THENCE North 03°23'15" West, a distance of 702.50 feet
200	200	along the common line of Lots 34 and 39, to a point from which a
201	201	1/2-inch iron pipe with cap stamped "Brown & Gay" found at the
202	202	northeast corner of said Lot 34, bears North 82°08' East, 0.7 feet;
203	203	(4) THENCE South 86°38'32" West, a distance of 640.37 feet
204	204	along the common line of Lots 33 and 34, to a 1/2-inch iron pipe
205	205	found in the east right-of-way line of said 40-feet road, at the
206	206	southwest corner of Lot 33, being an interior corner of the herein
207	207	described tract, from which a 1/2-inch iron pipe with cap stamped
208	208	"Brown & Gay" bears North 74°10'East, 1.1 feet;
209	209	(5) THENCE North 03°23'15" West, a distance of 2,365.37 feet
210	210	along east line of said 40-feet road, to a 5/8-inch iron rod with
211	211	cap stamped "E.H.R. & A. 713-784-4500" set at the northwest corner
212	212	of the herein described tract;
213	213	(6) THENCE North 86°35'55" East, a distance of 1,280.59 feet
214	214	along said south line of Rodeo Palms Parkway, to a 5/8-inch iron rod
215	215	with cap stamped "E.H.R. & A. 713-784-4500" set at the northeast
216	216	corner of the herein described tract and in the west right-of-way
217	217	line of a 40-feet wide road, as dedicated by said Emigration Land
218	218	Company Subdivision;
219	219	(7) THENCE South 03°23'15" East, along said west
220	220	right-of-way line, at a distance of 3,068.84 feet pass a 1/2-inch
221	221	iron pipe found 40 feet to the left, marking the southeast corner of
222	222	Lot 47 of said subdivision, continuing with a total distance of
223	223	3,771.34 feet to a 5/8-inch iron rod with cap stamped "E.H.R. & A.
224	224	713-784-4500";
225	225	(8) THENCE South 86°38'32" West, along the common line of
226	226	Lots 40 and 41, at a distance of 639.22 feet to a point from which a
227	227	found 3/4-inch iron rod bears South 60°55' West, 0.8 feet, and
228	228	continuing along the common line of Lots 35 and 36 for a total
229	229	distance of 1,280.59 feet to the POINT OF BEGINNING and containing
230	230	100.53 acres of land. This description accompanies a Land Title
231	231	Survey, prepared by Edminster, Hinshaw, Russ and Associates, Inc.
232	232	and dated February 4, 2007.
233	233	TRACT 2
234	234	A 75.83-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD
235	235	CO. SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY,
236	236	TEXAS, BEING ALL OF LOTS 2, 4, 5, 10, 11, 12, 13, AND OUT OF A
237	237	PORTION OF LOT 9, OF THE EMIGRATION LAND COMPANY SUBDIVISION,
238	238	RECORDED IN VOLUME 2, PAGE 81 OF THE BRAZORIA COUNTY PLAT RECORDS
239	239	(B.C.P.R.), SAID 75.83-ACRE TRACT BEING MORE PARTICULARLY
240	240	DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO
241	241	PALMS SUBDIVISION, SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO
242	242	136 OF BRAZORIA COUNTY PLAT RECORDS):
243	243	BEGINNING at a point marking the southwest corner of Lot 1 and
244	244	the northwest corner of Lot 2 of said subdivision, being in the east
245	245	right-of-way line of County Road 48 (Old Airline Road, 40.00 feet
246	246	wide) as dedicated by said subdivision plat, and being at the most
247	247	westerly northwest corner of the herein described tract;
248	248	(1) THENCE North 86°38'32" East, along the common line of
249	249	said Lots 1 and 2, at a distance of 10.00 feet passing a concrete
250	250	monument found in the east line of County Road 48 (60-feet wide by
251	251	occupation), continuing for a total distance of 636.34 feet to a
252	252	5/8-inch iron rod with cap stamped "E.H.R. & A. 713-784-4500" set at
253	253	the southeast corner of said Lot 1, and the southwest corner of Lot
254	254	9 and a corner of the herein described tract, from which a found
255	255	5/8-iron rod bears South 86°57' East, 0.5 feet;
256	256	(2) THENCE North 03°23'15" West, a distance of 256.66 feet
257	257	along the common line of said Lots 1 and 9, to a 5/8-inch iron rod
258	258	with cap stamped "E.H.R. & A. 713-784-4500" set on the north line of
259	259	said section 71 and marking the most northerly northwest corner of
260	260	the herein described tract;
261	261	(3) THENCE North 86°35'55" East, a distance of 639.84 feet
262	262	along the north line of said section 71, to a 5/8-inch iron rod with
263	263	cap stamped "E.H.R. & A. 713-784-4500" set in the west line of a
264	264	40-feet wide road dedicated by said subdivision plat and the east
265	265	line of said Lot 9, marking the northeast corner of the herein
266	266	described tract;
267	267	(4) THENCE South 03°23'15" East, along the west line of said
268	268	40-feet wide road, at a distance of 257.15 feet passing a 3/8-inch
269	269	iron rod found at the southeast corner of said Lot 9, at a distance
270	270	of 959.53 feet passing a 3/8-inch iron rod with cap found at the
271	271	southeast corner of Lot 10, at a distance of 1,661.59 feet passing a
272	272	found 3/8-inch iron rod found 0.3 feet to the left, at a distance of
273	273	2,364.23 feet passing a 5/8-inch iron rod with cap stamped "S. Adams
274	274	RPLS 3666" found at the southeast corner of Lot 12, continuing for a
275	275	total distance of 3,066.83 feet to a 5/8-inch iron rod with cap
276	276	stamped "S. Adams RPLS 3666" found at the common corner of Lot 13
277	277	and 14, marking the southeast corner of the herein described tract;
278	278	(5) THENCE South 86°38'32" West, along the common line of
279	279	Lots 13 and 14, at a distance of 639.84 feet pass a 1/2-inch iron rod
280	280	with a cap stamped "S. Adams RPLS 3666" found at the southwest
281	281	corner of said Lot 13, and continuing along the common line of Lots
282	282	5 and 6 of said subdivision, for a total distance of 1,276.18 feet
283	283	to the east right-of-way line of said County Road 48 (Old Airline
284	284	Road), and being at the southwest corner of said Lot 5 and the
285	285	herein described tract;
286	286	(6) THENCE North 03°23'15" West, a distance of 1,405.00 feet
287	287	along the east right-of-way line of said County Road 48, to a point
288	288	at the common corner of Lot 3 and Lot 4;
289	289	(7) THENCE North 86°38'32" East, along the common line of
290	290	Lots 3 and 4, at a distance of 10.00 feet passing a 5/8-inch iron rod
291	291	found at the occupied east line of County Road 48, at a distance of
292	292	92.05 feet passing a 5/8-inch iron rod with cap stamped "Weisser
293	293	Eng. Houston TX," and continuing for a total a distance of 636.34
294	294	feet to a 3/8-iron rod found at the common corner of Lot 3 and Lot 4,
295	295	marking an interior corner of the herein described tract, from
296	296	which a 3/4-inch iron rod found at the southeast corner of said Lot
297	297	4 bears South 86°38'32" West, 702.50 feet;
298	298	(8) THENCE North 03°23'15" West, a distance of 702.30 feet
299	299	along the common line of Lots 3 and 11, to a 3/8-inch iron rod with
300	300	cap stamped "Spinner" found at the southwest corner of Lot 10,
301	301	marking an interior corner of the herein described tract;
302	302	(9) THENCE South 86°38'32" West, along the common line of
303	303	said Lots 2 and 3, at a distance of 626.34 feet passing a concrete
304	304	monument found at the occupied east line of said County Road 48, and
305	305	continuing for a total distance of 636.34 feet to a point on the
306	306	east line of said Country Road 48;
307	307	(10) THENCE North 03°23'15" West, along the common line of
308	308	Lot 2 and the east line of said County Road 48, a distance of 702.38
309	309	feet to the POINT OF BEGINNING and containing 75.83 acres of land.
310	310	This description accompanies a Land Title Survey, prepared by
311	311	Edminster, Hinshaw, Russ and Associates, Inc. and dated February 6,
312	312	2008;
313	313	Save and Except 15.39 acres of land, being the south half of
314	314	Lot 4 and all of Lot 5, leaving a net acreage of 60.44 acres of land.
315	315	TRACT 3
316	316	A 59.06-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD
317	317	SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY, TEXAS,
318	318	BEING ALL OF LOTS 21, 26, 27, 28, 29, AND OUT OF A PORTION OF LOTS 17
319	319	AND 25, OF THE EMIGRATION LAND COMPANY SUBDIVISION, RECORDED IN
320	320	VOLUME 2, PAGE 81 OF BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.), SAID
321	321	59.06-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
322	322	BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO PALMS SUBDIVISION,
323	323	SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO 136 OF BRAZORIA
324	324	COUNTY PLAT RECORDS):
325	325	BEGINNING at 5/8-inch iron with cap stamped "E.H.R. & A.
326	326	713-784-4500" set at the southwest corner of said Lot 21 of said
327	327	subdivision plat, being in the east right-of-way line of a 40-feet
328	328	wide road, as shown on said Emigration Land Company Subdivision;
329	329	(1) THENCE North 03°23'15" West, a distance of 702.50 feet to
330	330	a 1/2-inch iron pipe found at the common corner of said Lot 21 and
331	331	Lot 20 of said subdivision plat, marking an interior corner of the
332	332	herein described tract;
333	333	(2) THENCE North 86°38'32" East, a distance of 639.69 feet to
334	334	a 5/8 inch iron rod with cap stamped "E.H.R. & A. 713-784-4500"
335	335	along the common line of said Lots 20 and 21, to the southeast
336	336	corner of said Lot 20, same being an interior corner of the herein
337	337	described tract, and from which a 1/2-inch iron pipe with cap
338	338	stamped "S. Adams RPLS 3666" bears North 44°35' West, 0.6 feet;
339	339	(3) THENCE North 03°23'15" West, along the common line of
340	340	Lots 20 and 28, at a distance of 702.50 feet passing a 1-1/4 inch
341	341	iron pipe found at the southwest corner of said Lot 27 and the
342	342	northwest corner of Lot 28, continuing along the common line of Lots
343	343	19 and 27, at 1404.80 feet passing the southwest corner of said Lot
344	344	26, from which an 1-1/4 iron pipe bears South 59°58' East, 0.9 feet,
345	345	continuing along the common line of Lots 18 and Lot 26 for a total
346	346	distance of 2,107.18 feet to a 5/8-inch iron rod with cap stamped
347	347	"E.H.R. & A. 713-784-4500" set at the southwest corner of Lot 25 and
348	348	the northwest corner of Lot 26, marking an interior corner of the
349	349	herein described tract;
350	350	(4) THENCE South 86°38'32" West, a distance of 639.69 feet to
351	351	a point along the common line of said Lots 17 and 18, to the east
352	352	right-of-way line of said 40-feet wide road, being a corner of the
353	353	herein described tract, from which a 1/2-inch iron pipe stamped "S
354	354	Adams RPLS 3666", bears North 76°59' East, 0.7 feet;
355	355	(5) THENCE North 03°23'15" West, a distance of 257.18 feet
356	356	along the east right-of-way line of said 40-feet wide road and the
357	357	west line of said Lot 17, to 5/8-inch iron rod with cap stamped
358	358	"E.H.R. & A. 713-784-4500" set on the north line of said section 71
359	359	and being at the northwest corner of the herein described tract;
360	360	(6) THENCE North 86°35'55" East, at 643.76 feet passing a
361	361	1/2-inch iron pipe, 4.7 feet to the right, found on the southeast
362	362	corner of Bobby Shotwell 69.983 acres, as recorded under C.F.No.
363	363	1998002623 O.P.R.O.B.C., and continuing for a total distance of
364	364	1,278.22 feet, to a 5/8-inch iron rod with cap stamped "E.H.R. & A.
365	365	713-784-4500" set at the intersection of the south right-of-way
366	366	line of Rodeo Palms Parkway, dedicated by Rodeo Palms Subdivision,
367	367	Section 1, plat recorded under Volume 22, Page 133 to 136 of
368	368	Brazoria County Plat Records and west right-of-way line of a
369	369	40-feet wide road dedicated by Emigration Land Company Subdivision;
370	370	(7) THENCE South 03°23'15" East, along the west line of said
371	371	40-feet wide road, a distance of 3,067.83 feet to a 5/8-inch iron
372	372	rod found at the common corner of Lot 29 and Lot 30;
373	373	(8) THENCE South 86°38'32" West, a distance of 1,278.22 feet
374	374	to the POINT OF BEGINNING and containing 59.06 acres of land. This
375	375	description accompanies a Land Title Survey, prepared by Edminster,
376	376	Hinshaw, Russ and Associates, Inc. and dated February 6, 2008.
377	377	Save and Except a 267.00 foot by 267.00 foot tract of land in
378	378	the southeast corner of Lot 29, being 1.64 acres of land, leaving a
379	379	net acreage of 57.42 acres of land.
380	380	SECTION 3. (a) The legal notice of the intention to
381	381	introduce this Act, setting forth the general substance of this
382	382	Act, has been published as provided by law, and the notice and a
383	383	copy of this Act have been furnished to all persons, agencies,
384	384	officials, or entities to which they are required to be furnished
385	385	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
386	386	Government Code.
387	387	(b) The governor, one of the required recipients, has
388	388	submitted the notice and Act to the Texas Commission on
389	389	Environmental Quality.
390	390	(c) The Texas Commission on Environmental Quality has filed
391	391	its recommendations relating to this Act with the governor, the
392	392	lieutenant governor, and the speaker of the house of
393	393	representatives within the required time.
394	394	(d) All requirements of the constitution and laws of this
395	395	state and the rules and procedures of the legislature with respect
396	396	to the notice, introduction, and passage of this Act are fulfilled
397	397	and accomplished.
398	398	SECTION 4. (a) If this Act does not receive a two-thirds
399	399	vote of all the members elected to each house, Subchapter C, Chapter
400	400	8464, Special District Local Laws Code, as added by Section 1 of
401	401	this Act, is amended by adding Section 8464.106 to read as follows:
402	402	Sec. 8464.106. NO EMINENT DOMAIN POWER. The district may
403	403	not exercise the power of eminent domain.
404	404	(b) This section is not intended to be an expression of a
405	405	legislative interpretation of the requirements of Subsection (c),
406	406	Section 17, Article I, Texas Constitution.
407	407	SECTION 5. This Act takes effect immediately if it receives
408	408	a vote of two-thirds of all the members elected to each house, as
409	409	provided by Section 39, Article III, Texas Constitution. If this
410	410	Act does not receive the vote necessary for immediate effect, this
411	411	Act takes effect September 1, 2013.