Texas 2015 - 84th Regular

Texas House Bill HB3081 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Thompson of Brazoria H.B. No. 3081
2		-	(Senate Sponsor - Taylor of Galveston)
3		-	(In the Senate - Received from the House April 27, 2015;
4		-	April 27, 2015, read first time and referred to Committee on
5		-	Intergovernmental Relations; May 5, 2015, reported favorably by
6		-	the following vote: Yeas 5, Nays 0; May 5, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 3081
8	2
9	3
10		-	A BILL TO BE ENTITLED
11		-	AN ACT
12	4		relating to the creation of the Brazoria County Municipal Utility
13	5		District No. 68; granting a limited power of eminent domain;
14	6		providing authority to issue bonds; providing authority to impose
15	7		assessments, fees, or taxes.
16	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
18	10		Code, is amended by adding Chapter 8493 to read as follows:
19	11		CHAPTER 8493. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 68
20	12		SUBCHAPTER A. GENERAL PROVISIONS
21	13		Sec. 8493.001. DEFINITIONS. In this chapter:
22	14		(1) "Board" means the district's board of directors.
23	15		(2) "Commission" means the Texas Commission on
24	16		Environmental Quality.
25	17		(3) "Director" means a board member.
26	18		(4) "District" means the Brazoria County Municipal
27	19		Utility District No. 68.
28	20		Sec. 8493.002. NATURE OF DISTRICT. The district is a
29	21		municipal utility district created under Section 59, Article XVI,
30	22		Texas Constitution.
31	23		Sec. 8493.003. CONFIRMATION AND DIRECTORS' ELECTION
32	24		REQUIRED. The temporary directors shall hold an election to
33	25		confirm the creation of the district and to elect five permanent
34	26		directors as provided by Section 49.102, Water Code.
35	27		Sec. 8493.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	28		The district is created to serve a public purpose and benefit.
37	29		(b) The district is created to accomplish the purposes of:
38	30		(1) a municipal utility district as provided by
39	31		general law and Section 59, Article XVI, Texas Constitution; and
40	32		(2) Section 52, Article III, Texas Constitution, that
41	33		relate to the construction, acquisition, improvement, operation,
42	34		or maintenance of macadamized, graveled, or paved roads, or
43	35		improvements, including storm drainage, in aid of those roads.
44	36		Sec. 8493.005. INITIAL DISTRICT TERRITORY. (a) The
45	37		district is initially composed of the territory described by
46	38		Section 2 of the Act enacting this chapter.
47	39		(b) The boundaries and field notes contained in Section 2 of
48	40		the Act enacting this chapter form a closure. A mistake made in the
49	41		field notes or in copying the field notes in the legislative process
50	42		does not affect the district's:
51	43		(1) organization, existence, or validity;
52	44		(2) right to issue any type of bond for the purposes
53	45		for which the district is created or to pay the principal of and
54	46		interest on a bond;
55	47		(3) right to impose a tax; or
56	48		(4) legality or operation.
57	49		Sec. 8493.006. CONSENT OF MUNICIPALITY. Municipal consent
58	50		to the creation of the district acts as municipal consent to the
59	51		creation of any new district created by the division of the district
60	52		under Section 8493.107.
61	53		SUBCHAPTER B. BOARD OF DIRECTORS
62	54		Sec. 8493.051. GOVERNING BODY; TERMS. (a) The district is
63	55		governed by a board of five elected directors.
64	56		(b) Except as provided by Section 8493.052, directors serve
65	57		staggered four-year terms.
66	58		Sec. 8493.052. TEMPORARY DIRECTORS. (a) On or after the
67	59		effective date of the Act enacting this chapter, the owner or owners
68	60		of a majority of the assessed value of the real property in the
69	61		district may submit a petition to the commission requesting that
70	62		the commission appoint as temporary directors the five persons
71	63		named in the petition. The commission shall appoint as temporary
72	64		directors the five persons named in the petition.
73	65		(b) Temporary directors serve until the earlier of:
74	66		(1) the date permanent directors are elected under
75	67		Section 8493.003; or
76	68		(2) the fourth anniversary of the effective date of
77	69		the Act enacting this chapter.
78	70		(c) If permanent directors have not been elected under
79	71		Section 8493.003 and the terms of the temporary directors have
80	72		expired, successor temporary directors shall be appointed or
81	73		reappointed as provided by Subsection (d) to serve terms that
82	74		expire on the earlier of:
83	75		(1) the date permanent directors are elected under
84	76		Section 8493.003; or
85	77		(2) the fourth anniversary of the date of the
86	78		appointment or reappointment.
87	79		(d) If Subsection (c) applies, the owner or owners of a
88	80		majority of the assessed value of the real property in the district
89	81		may submit a petition to the commission requesting that the
90	82		commission appoint as successor temporary directors the five
91	83		persons named in the petition. The commission shall appoint as
92	84		successor temporary directors the five persons named in the
93	85		petition.
94	86		SUBCHAPTER C. POWERS AND DUTIES
95	87		Sec. 8493.101. GENERAL POWERS AND DUTIES. The district has
96	88		the powers and duties necessary to accomplish the purposes for
97	89		which the district is created.
98	90		Sec. 8493.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	91		DUTIES. The district has the powers and duties provided by the
100	92		general law of this state, including Chapters 49 and 54, Water Code,
101	93		applicable to municipal utility districts created under Section 59,
102	94		Article XVI, Texas Constitution.
103	95		Sec. 8493.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
104	96		DUTIES. The district has the powers and duties provided by the
105	97		general law of this state, including Chapter 57, Water Code,
106	98		applicable to levee improvement districts created under Section 59,
107	99		Article XVI, Texas Constitution.
108	100		Sec. 8493.104. AUTHORITY FOR ROAD PROJECTS. Under Section
109	101		52, Article III, Texas Constitution, the district may design,
110	102		acquire, construct, finance, issue bonds for, improve, operate,
111	103		maintain, and convey to this state, a county, or a municipality for
112	104		operation and maintenance macadamized, graveled, or paved roads, or
113	105		improvements, including storm drainage, in aid of those roads.
114	106		Sec. 8493.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
115	107		project must meet all applicable construction standards, zoning and
116	108		subdivision requirements, and regulations of each municipality in
117	109		whose corporate limits or extraterritorial jurisdiction the road
118	110		project is located.
119	111		(b) If a road project is not located in the corporate limits
120	112		or extraterritorial jurisdiction of a municipality, the road
121	113		project must meet all applicable construction standards,
122	114		subdivision requirements, and regulations of each county in which
123	115		the road project is located.
124	116		(c) If the state will maintain and operate the road, the
125	117		Texas Transportation Commission must approve the plans and
126	118		specifications of the road project.
127	119		Sec. 8493.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
128	120		OR RESOLUTION. The district shall comply with all applicable
129	121		requirements of any ordinance or resolution that is adopted under
130	122		Section 54.016 or 54.0165, Water Code, and that consents to the
131	123		creation of the district or to the inclusion of land in the
132	124		district.
133	125		Sec. 8493.107. DIVISION OF DISTRICT. (a) The district may
134	126		be divided into two or more new districts only if:
135	127		(1) the district has no outstanding bonded debt; and
136	128		(2) the district is not imposing ad valorem taxes.
137	129		(b) This chapter applies to any new district created by the
138	130		division of the district, and a new district has all the powers and
139	131		duties of the district.
140	132		(c) Any new district created by the division of the district
141	133		may not, at the time the new district is created, contain any land
142	134		outside the area described by Section 2 of the Act creating this
143	135		chapter.
144	136		(d) The board, on its own motion or on receipt of a petition
145	137		signed by the owner or owners of a majority of the assessed value of
146	138		the real property in the district, may adopt an order dividing the
147	139		district.
148	140		(e) The board may adopt an order dividing the district
149	141		before or after the date the board holds an election under Section
150	142		8493.003 to confirm the creation of the district.
151	143		(f) An order dividing the district shall:
152	144		(1) name each new district;
153	145		(2) include the metes and bounds description of the
154	146		territory of each new district;
155	147		(3) appoint temporary directors for each new district;
156	148		and
157	149		(4) provide for the division of assets and liabilities
158	150		between or among the new districts.
159	151		(g) On or before the 30th day after the date of adoption of
160	152		an order dividing the district, the district shall file the order
161	153		with the commission and record the order in the real property
162	154		records of each county in which the district is located.
163	155		(h) Any new district created by the division of the district
164	156		shall hold a confirmation and directors' election as required by
165	157		Section 8493.003.
166	158		(i) If the creation of the new district is confirmed, the
167	159		new district shall provide the election date and results to the
168	160		commission.
169	161		(j) Any new district created by the division of the district
170	162		must hold an election as required by this chapter to obtain voter
171	163		approval before the district may impose a maintenance tax or issue
172	164		bonds payable wholly or partly from ad valorem taxes.
173	165		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	166		Sec. 8493.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
175	167		district may issue, without an election, bonds and other
176	168		obligations secured by:
177	169		(1) revenue other than ad valorem taxes; or
178	170		(2) contract payments described by Section 8493.153.
179	171		(b) The district must hold an election in the manner
180	172		provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	173		before the district may impose an ad valorem tax or issue bonds
182	174		payable from ad valorem taxes.
183	175		(c) The district may not issue bonds payable from ad valorem
184	176		taxes to finance a road project unless the issuance is approved by a
185	177		vote of a two-thirds majority of the district voters voting at an
186	178		election held for that purpose.
187	179		Sec. 8493.152. OPERATION AND MAINTENANCE TAX. (a) If
188	180		authorized at an election held under Section 8493.151, the district
189	181		may impose an operation and maintenance tax on taxable property in
190	182		the district in accordance with Section 49.107, Water Code.
191	183		(b) The board shall determine the tax rate. The rate may not
192	184		exceed the rate approved at the election.
193	185		Sec. 8493.153. CONTRACT TAXES. (a) In accordance with
194	186		Section 49.108, Water Code, the district may impose a tax other than
195	187		an operation and maintenance tax and use the revenue derived from
196	188		the tax to make payments under a contract after the provisions of
197	189		the contract have been approved by a majority of the district voters
198	190		voting at an election held for that purpose.
199	191		(b) A contract approved by the district voters may contain a
200	192		provision stating that the contract may be modified or amended by
201	193		the board without further voter approval.
202	194		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	195		Sec. 8493.201. AUTHORITY TO ISSUE BONDS AND OTHER
204	196		OBLIGATIONS. The district may issue bonds or other obligations
205	197		payable wholly or partly from ad valorem taxes, impact fees,
206	198		revenue, contract payments, grants, or other district money, or any
207	199		combination of those sources, to pay for any authorized district
208	200		purpose.
209	201		Sec. 8493.202. TAXES FOR BONDS. At the time the district
210	202		issues bonds payable wholly or partly from ad valorem taxes, the
211	203		board shall provide for the annual imposition of a continuing
212	204		direct ad valorem tax, without limit as to rate or amount, while all
213	205		or part of the bonds are outstanding as required and in the manner
214	206		provided by Sections 54.601 and 54.602, Water Code.
215	207		Sec. 8493.203. BONDS FOR ROAD PROJECTS. At the time of
216	208		issuance, the total principal amount of bonds or other obligations
217	209		issued or incurred to finance road projects and payable from ad
218	210		valorem taxes may not exceed one-fourth of the assessed value of the
219	211		real property in the district.
220	212		SECTION 2. The Brazoria County Municipal Utility District
221	213		No. 68 initially includes all the territory contained in the
222	214		following area:
223	215		5,440.64 acres of land, more or less, being part of the Sam T.
224	216		Angier Survey, Abstract 7, part of the L.P. Ehrmann Survey No. 24,
225	217		Abstract 521, all of the H.T. & B.R.R. Co. Survey No. 23, Abstract
226	218		248, all of the L.P. Ehrmann Survey No. 22, Abstract 519, all of the
227	219		H.T. & B.R.R. Co. Survey No. 25, Abstract 277, part of the L.P.
228	220		Ehrmann Survey No. 18, Abstract 520, part of the Day Land and Cattle
229	221		Company Survey, Abstract 602, part of the Hooper and Wade Survey
230	222		No. 11, Abstract 433, part of the H.T. & B.R.R. Co. Survey No. 21,
231	223		Abstract 247, part of the L.P. Ehrmann Survey No. 26, Abstract 522,
232	224		part of the L.P. Ehrmann Survey No. 28, Abstract 523, all of the
233	225		L.P. Ehrmann Survey No. 30, Abstract 524 and part of the James L.
234	226		Holmes Hrs. Survey, Abstract 610, all being in Brazoria County,
235	227		Texas and being that portion of J.T. Garrett Ranch within the
236	228		aforesaid surveys lying Northwest of Austin Bayou and West of State
237	229		Highway No. 35, and being more particularly described as follows:
238	230		Beginning at an old 1-1/4 inch iron pipe set at the most west
239	231		corner of the Sam T. Angier Survey No. 7, said iron pipe having a
240	232		car axle driven inside;
241	233		THENCE N 62° 33' 40" E along the Northwest line of said Angier
242	234		Survey a distance of 6121.62 feet to a point for corner in drain
243	235		ditch from which an axle bears N 62° 33' 40" E a distance of 60.0
244	236		feet:
245	237		THENCE S 64° 32' 36" E along the southerly line of a tract
246	238		deeded to W.L. Russell a distance of 6976.69 feet to the most south
247	239		corner of said Russell tract in the southeast line of the aforesaid
248	240		S.T. Angier Survey;
249	241		THENCE N 62° 33' 40" E along the southeast line of said survey
250	242		a distance of 102.99 feet to the most westerly corner of a 43.54
251	243		acre tract heretofore deeded to Noel Adams and now owned by Van
252	244		Adams, set axle for corner;
253	245		THENCE S 66° 10' 21" E along the southerly line of said tract a
254	246		distance of 2779.15 feet to the most easterly corner of said Adams
255	247		tract in the southwest line of the Day Land and Cattle Company
256	248		Survey, Abstract 603 which is marked with a car axle;
257	249		THENCE S 27° 08' 49" E along the southwest line of said Day
258	250		Land and Cattle Company Survey a distance of 5363.78 feet to a car
259	251		axle set for the most easterly corner of the H.T. & B.R.R. Company
260	252		Survey No. 23 and the most northerly corner of the H.T. & B.R.R. Co.
261	253		Survey No. 17;
262	254		THENCE S 62° 43' 15" W along the common line between the
263	255		aforesaid surveys 17 and 23 a distance of 5632.99 feet to a car axle
264	256		at fence corner being the most southerly corner of the H.T. & B.R.R.
265	257		Co. Survey No. 23 and the most north corner of the L.P. Ehrmann
266	258		Survey No. 18;
267	259		THENCE S 27° 19' 28" E along the common line as fenced between
268	260		the H.T. & B.R.R. Co. Survey No. 17 and the L.P. Ehrmann Survey
269	261		No. 18 a distance of 4619.62 feet to a car axle set at fence corner
270	262		on the west right-of-way of State Highway No. 35;
271	263		THENCE S 40° 09' 49" W along the westerly right-of-way of
272	264		State Highway No. 35 a distance of 1789.41 feet to a concrete
273	265		right-of-way marker;
274	266		THENCE S 51° 32' 34" W -- 204.15 feet to another concrete
275	267		right-of-way marker;
276	268		THENCE S 40° 09' 49" W continuing along said westerly
277	269		right-of-way of State Highway No. 35 a distance of 1481.05 feet to
278	270		the center of Austin Bayou;
279	271		THENCE up the center of Austin Bayou with its meanders as
280	272		follows:
281	273		N 79° 14' 57" W -- 168.5 feet;
282	274		N 51° 24' 10" W - 117.01 feet;
283	275		N 71° 47' 57" W - 232.15 feet;
284	276		N 73° 22' 38" W - 129.08 feet;
285	277		N 70° 08' 27" W - 171.36 feet;
286	278		N 82° 32' 24" W - 164.92 feet;
287	279		N 70° 47' 37" W - 87.93 feet;
288	280		N 57° 19' 47" W - 137.37 feet;
289	281		N 40° 24' 28" W - 113.95 feet;
290	282		N 22° 42' 37" W - 69.26 feet;
291	283		N 11° 18' 45" W - 71.45 feet;
292	284		N 09° 27' 22" W - 104.10 feet;
293	285		N 01° 01' 10" E - 122.61 feet;
294	286		N 12° 53' 51" E - 94.0 feet;
295	287		N 18° 34' 45" E - 169.66 feet;
296	288		N 03° 04' 06" W - 73.07 feet;
297	289		N 39° 01' 42" W - 136.73 feet;
298	290		N 47° 19' 35" W - 218.02 feet;
299	291		N 31° 09' 43" W - 84.54 feet;
300	292		N 60° 53' 25" W - 287.43 feet;
301	293		N 75° 04' 25" W - 94.22 feet;
302	294		S 89° 03' 59" W - 198.33 feet;
303	295		S 75° 49' 14" W - 261.70 feet;
304	296		N 79° 00' 01" W - 52.65 feet;
305	297		N 59° 17' 22" W - 153.58 feet;
306	298		N 56° 12' 52" W - 275.24 feet;
307	299		N 66° 00' 15" W - 102.50 feet;
308	300		N 79° 08' 49" W - 244.77 feet;
309	301		N 53° 33' 45" W - 181.58 feet;
310	302		N 35° 25' 48" W - 129.04 feet;
311	303		N 60° 58' 32" W - 172.12 feet;
312	304		N 77° 39' 46" W - 108.25 feet;
313	305		N 83° 02' 29" W - 240.12 feet;
314	306		S 75° 46' 26" W - 140.24 feet to southwest line of the L.P.
315	307		Ehrmann Survey, Abstract 520, Brazoria County, Texas;
316	308		THENCE N 27° 20' 21" W - along said line as fenced a distance
317	309		of 3657.42 feet to a concrete monument at the most easterly corner
318	310		of the H.T. & B.R.R. Co. Survey, Abstract 247;
319	311		THENCE S 63° 18' 12" W along the southeast line of said survey
320	312		a distance of 968.16 feet to the center line of Austin Bayou from
321	313		which a concrete monument bears S 63° 18' 12" W - 46.0 feet;
322	314		THENCE up the center of Austin Bayou with its meanders as
323	315		follows:
324	316		N 51° 24' 06 W - 296.62 feet;
325	317		N 36° 08' 10" W - 122.46 feet;
326	318		N 65° 38' 02" W - 392.73 feet;
327	319		N 57° 55' 04" W - 294.12 feet;
328	320		N 46° 38' 08" W - 370.63 feet;
329	321		N 73° 42' 00" W - 60.0 feet;
330	322		S 67° 34' 11" W - 136.46 feet;
331	323		S 55° 57' 04" W - 235.66 feet;
332	324		S 70° 05' 11" W - 209.43 feet;
333	325		S 81° 55' 54" W - 216.80 feet;
334	326		S 66° 18' 43" W - 157.22 feet;
335	327		S 81° 55' 53" W - 175.68 feet;
336	328		S 70° 10' 43" W - 151.80 feet;
337	329		S 25° 06' 10" W - 154.03 feet;
338	330		S 72° 14' 24" W -- 37.74 feet;
339	331		S 83° 03' 41" W - 112.63 feet;
340	332		N 71° 56' 24" W - 161.70 feet;
341	333		N 60° 47' 02" W - 211.74 feet;
342	334		N 69° 23' 17" W - 129.00 feet;
343	335		N 89° 41' 37" W - 227.82 feet;
344	336		N 84° 36' 43" W - 354.10 feet;
345	337		N 78° 50' 02" W - 292.98 feet;
346	338		N 74° 29' 13" W - 277.22 feet;
347	339		N 74° 03' 54" W - 143.21 feet;
348	340		N 75° 10' 12" W - 181.07 feet;
349	341		S 87° 16' 28" W - 48.17 feet;
350	342		S 74° 19' 15" W - 139.72 feet;
351	343		N 81° 51' 33" W - 61.10 feet;
352	344		S 57° 23' 06" W - 44.60 feet;
353	345		N 73° 27' 38" W - 109.43 feet;
354	346		N 59° 03' 47" W - 263.95 feet;
355	347		N 50° 22' 21" W - 444.58 feet;
356	348		N 18° 10' 11" W - 180.20 feet;
357	349		N 07° 52' 01" W - 384.09 feet;
358	350		N 44° 23' 52" W - 153.52 feet;
359	351		N 07° 28' 28" W - 79.16 feet;
360	352		N 47° 12' 34" W - 205.70 feet;
361	353		N 19° 29' 47" W - 45.45 feet;
362	354		N 16° 36'' 47" E - 82.93 feet;
363	355		N 34° 32' 15" E - 157.31 feet;
364	356		N 01° 25' 49" W - 114.98 feet;
365	357		N 26° 57' 48" W - 175.49 feet;
366	358		N 13° 59' 54" W - 151.76 feet;
367	359		N 44° 39' 30" W - 76.95 feet;
368	360		N 37° 35' 48" W - 127.01 feet;
369	361		N 46° 20' 40" W - 48.51 feet;
370	362		N 55° 13' 20" W - 172.71 feet;
371	363		N 37° 24' 30" W - 126.42 feet;
372	364		N 30° 40' 23" W - 192.28 feet;
373	365		N 32° 47' 56" W - 59.29 feet;
374	366		N 82° 41' 23" W - 75.16 feet;
375	367		S 65° 32' 41" W - 70.58 feet;
376	368		N 70° 32' 46" W - 112.72 feet;
377	369		N 54° 38' 40" W - 117.70 feet;
378	370		N 50° 12' 34" W - 161.52 feet;
379	371		N 39° 04' 58" W - 184.65 feet;
380	372		N 62° 58' 54" W - 176.63 feet;
381	373		N 51° 56' 23" W - 225.85 feet;
382	374		N 55° 47' 02" W - 124.45 feet;
383	375		N 31° 10' 26" W - 83.56 feet;
384	376		N 76° 15' 34" W - 71.67 feet;
385	377		S 87° 24' 50" W - 148.50 feet;
386	378		S 89° 00' 30" W - 150.93 feet;
387	379		N 77° 00' 57" W - 210.11 feet;
388	380		N 67° 15' 00" W - 70.72 feet;
389	381		N 57° 46' 42" W - 210.31 feet;
390	382		N 45° 55' 40" W - 215.15 feet;
391	383		N 53° 36' 55" W - 126.07 feet;
392	384		N 76° 14' 02" W - 78.50 feet;
393	385		S 83° 31' 45" W - 105.45 feet;
394	386		S 73° 54' 27" W - 231.36" feet to the east line of the H.T. &
395	387		B.R.R. Co. Survey No. 27, Abstract 249;
396	388		THENCE N 00° 05' 00" E along said line at 40.0 feet set car
397	389		axle for reference corner and continue for a total distance of
398	390		878.47 feet to a concrete monument set for the most north corner of
399	391		said survey and being an interior corner of L.P. Ehrmann Survey
400	392		No. 28, Abstract 523, Brazoria County, Texas;
401	393		THENCE S 88° 39' 26" W along the north line of said survey
402	394		No. 27 as fenced a distance of 2631.36 feet to a concrete monument
403	395		for northwest corner of said survey and being the lower southwest
404	396		corner of the L.P. Ehrmann Survey No. 30;
405	397		THENCE N 00° 21' 18" W along the east line of the S.F. Austin
406	398		Survey, Abstract 24 as fenced a distance of 853.96 feet to a car
407	399		axle set at fence corner for the northeast corner of said S.F.
408	400		Austin Survey and being an interior corner of the L.P. Ehrmann
409	401		Survey No. 30;
410	402		THENCE S 89° 50' 43" W along the north line of said Austin
411	403		Survey and the south line of said survey No. 30 a distance of 2737.7
412	404		feet to an axle set by old cross tie on old fence line for the
413	405		recognized southwest corner of the L.P. Ehrmann Survey No. 30;
414	406		THENCE N 00° 01' 45" W along the west line of said survey
415	407		No. 30 a distance of 4531.01 feet to a car axle set by old cross tie
416	408		for the northwest corner of said survey No. 30;
417	409		THENCE S 89° 37' 09" E along the north line of said Survey
418	410		No. 30 at 2786.26 feet pass an old iron pipe set for the southeast
419	411		corner of the H.T. & B.R.R. Co. Survey No. 31 and continue for a
420	412		total distance of 5003.04 feet to a car axle set for the most west
421	413		corner of the James L. Holmes Hrs. Survey, Abstract 610 which is
422	414		also the northeast corner of the L.P. Ehrmann Survey No. 28;
423	415		THENCE S 87° 04' 59" E - 4088.56 feet to the PLACE OF BEGINNING
424	416		and containing 5440.64 acres of land, more or less.
425	417		SECTION 3. (a) The legal notice of the intention to
426	418		introduce this Act, setting forth the general substance of this
427	419		Act, has been published as provided by law, and the notice and a
428	420		copy of this Act have been furnished to all persons, agencies,
429	421		officials, or entities to which they are required to be furnished
430	422		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
431	423		Government Code.
432	424		(b) The governor, one of the required recipients, has
433	425		submitted the notice and Act to the Texas Commission on
434	426		Environmental Quality.
435	427		(c) The Texas Commission on Environmental Quality has filed
436	428		its recommendations relating to this Act with the governor, the
437	429		lieutenant governor, and the speaker of the house of
438	430		representatives within the required time.
439	431		(d) All requirements of the constitution and laws of this
440	432		state and the rules and procedures of the legislature with respect
441	433		to the notice, introduction, and passage of this Act are fulfilled
442	434		and accomplished.
443	435		SECTION 4. (a) If this Act does not receive a two-thirds
444	436		vote of all the members elected to each house, Subchapter C, Chapter
445	437		8493, Special District Local Laws Code, as added by Section 1 of
446	438		this Act, is amended by adding Section 8493.108 to read as follows:
447	439		Sec. 8493.108. NO EMINENT DOMAIN POWER. The district may
448	440		not exercise the power of eminent domain.
449	441		(b) This section is not intended to be an expression of a
450	442		legislative interpretation of the requirements of Section 17(c),
451	443		Article I, Texas Constitution.
452	444		SECTION 5. This Act takes effect immediately if it receives
453	445		a vote of two-thirds of all the members elected to each house, as
454	446		provided by Section 39, Article III, Texas Constitution. If this
455	447		Act does not receive the vote necessary for immediate effect, this
456	448		Act takes effect September 1, 2015.
457		-	* * * * *
	449	+	______________________________ ______________________________
	450	+	President of the Senate Speaker of the House
	451	+	I certify that H.B. No. 3081 was passed by the House on April
	452	+	23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	453	+	voting.
	454	+	______________________________
	455	+	Chief Clerk of the House
	456	+	I certify that H.B. No. 3081 was passed by the Senate on May
	457	+	15, 2015, by the following vote: Yeas 30, Nays 1.
	458	+	______________________________
	459	+	Secretary of the Senate
	460	+	APPROVED: _____________________
	461	+	Date
	462	+	_____________________
	463	+	Governor