Texas 2015 - 84th Regular

Texas House Bill HB4126 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 4126
2		-	(In the Senate - Received from the House May 4, 2015;
3		-	May 4, 2015, read first time and referred to Committee on
4		-	Administration; May 7, 2015, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; May 7, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4126
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the creation of the Fort Bend County Municipal Utility
12	5		District No. 218; granting a limited power of eminent domain;
13	6		providing authority to issue bonds; providing authority to impose
14	7		assessments, fees, and taxes.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	10		Code, is amended by adding Chapter 7927 to read as follows:
18	11		CHAPTER 7927. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 218
19	12		SUBCHAPTER A. GENERAL PROVISIONS
20	13		Sec. 7927.001. DEFINITIONS. In this chapter:
21	14		(1) "Board" means the district's board of directors.
22	15		(2) "Commission" means the Texas Commission on
23	16		Environmental Quality.
24	17		(3) "Director" means a board member.
25	18		(4) "District" means the Fort Bend County Municipal
26	19		Utility District No. 218.
27	20		Sec. 7927.002. NATURE OF DISTRICT. The district is a
28	21		municipal utility district created under Section 59, Article XVI,
29	22		Texas Constitution.
30	23		Sec. 7927.003. CONFIRMATION AND DIRECTORS' ELECTION
31	24		REQUIRED. The temporary directors shall hold an election to
32	25		confirm the creation of the district and to elect five permanent
33	26		directors as provided by Section 49.102, Water Code.
34	27		Sec. 7927.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	28		temporary directors may not hold an election under Section 7927.003
36	29		until each municipality in whose corporate limits or
37	30		extraterritorial jurisdiction the district is located has
38	31		consented by ordinance or resolution to the creation of the
39	32		district and to the inclusion of land in the district.
40	33		Sec. 7927.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
41	34		The district is created to serve a public purpose and benefit.
42	35		(b) The district is created to accomplish the purposes of:
43	36		(1) a municipal utility district as provided by
44	37		general law and Section 59, Article XVI, Texas Constitution; and
45	38		(2) Section 52, Article III, Texas Constitution, that
46	39		relate to the construction, acquisition, improvement, operation,
47	40		or maintenance of macadamized, graveled, or paved roads, or
48	41		improvements, including storm drainage, in aid of those roads.
49	42		Sec. 7927.006. INITIAL DISTRICT TERRITORY. (a) The
50	43		district is initially composed of the territory described by
51	44		Section 2 of the Act enacting this chapter.
52	45		(b) The boundaries and field notes contained in Section 2 of
53	46		the Act enacting this chapter form a closure. A mistake made in the
54	47		field notes or in copying the field notes in the legislative process
55	48		does not affect the district's:
56	49		(1) organization, existence, or validity;
57	50		(2) right to issue any type of bond for the purposes
58	51		for which the district is created or to pay the principal of and
59	52		interest on a bond;
60	53		(3) right to impose a tax; or
61	54		(4) legality or operation.
62	55		SUBCHAPTER B. BOARD OF DIRECTORS
63	56		Sec. 7927.051. GOVERNING BODY; TERMS. (a) The district is
64	57		governed by a board of five elected directors.
65	58		(b) Except as provided by Section 7927.052, directors serve
66	59		staggered four-year terms.
67	60		Sec. 7927.052. TEMPORARY DIRECTORS. (a) On or after
68	61		September 1, 2015, the owner or owners of a majority of the assessed
69	62		value of the real property in the district may submit a petition to
70	63		the commission requesting that the commission appoint as temporary
71	64		directors the five persons named in the petition. The commission
72	65		shall appoint as temporary directors the five persons named in the
73	66		petition.
74	67		(b) Temporary directors serve until the earlier of:
75	68		(1) the date permanent directors are elected under
76	69		Section 7927.003; or
77	70		(2) September 1, 2019.
78	71		(c) If permanent directors have not been elected under
79	72		Section 7927.003 and the terms of the temporary directors have
80	73		expired, successor temporary directors shall be appointed or
81	74		reappointed as provided by Subsection (d) to serve terms that
82	75		expire on the earlier of:
83	76		(1) the date permanent directors are elected under
84	77		Section 7927.003; or
85	78		(2) the fourth anniversary of the date of the
86	79		appointment or reappointment.
87	80		(d) If Subsection (c) applies, the owner or owners of a
88	81		majority of the assessed value of the real property in the district
89	82		may submit a petition to the commission requesting that the
90	83		commission appoint as successor temporary directors the five
91	84		persons named in the petition. The commission shall appoint as
92	85		successor temporary directors the five persons named in the
93	86		petition.
94	87		SUBCHAPTER C. POWERS AND DUTIES
95	88		Sec. 7927.101. GENERAL POWERS AND DUTIES. The district has
96	89		the powers and duties necessary to accomplish the purposes for
97	90		which the district is created.
98	91		Sec. 7927.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	92		DUTIES. The district has the powers and duties provided by the
100	93		general law of this state, including Chapters 49 and 54, Water Code,
101	94		applicable to municipal utility districts created under Section 59,
102	95		Article XVI, Texas Constitution.
103	96		Sec. 7927.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104	97		52, Article III, Texas Constitution, the district may design,
105	98		acquire, construct, finance, issue bonds for, improve, operate,
106	99		maintain, and convey to this state, a county, or a municipality for
107	100		operation and maintenance macadamized, graveled, or paved roads, or
108	101		improvements, including storm drainage, in aid of those roads.
109	102		Sec. 7927.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
110	103		project must meet all applicable construction standards, zoning and
111	104		subdivision requirements, and regulations of each municipality in
112	105		whose corporate limits or extraterritorial jurisdiction the road
113	106		project is located.
114	107		(b) If a road project is not located in the corporate limits
115	108		or extraterritorial jurisdiction of a municipality, the road
116	109		project must meet all applicable construction standards,
117	110		subdivision requirements, and regulations of each county in which
118	111		the road project is located.
119	112		(c) If the state will maintain and operate the road, the
120	113		Texas Transportation Commission must approve the plans and
121	114		specifications of the road project.
122	115		Sec. 7927.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	116		OR RESOLUTION. The district shall comply with all applicable
124	117		requirements of any ordinance or resolution that is adopted under
125	118		Section 54.016 or 54.0165, Water Code, and that consents to the
126	119		creation of the district or to the inclusion of land in the
127	120		district.
128	121		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
129	122		Sec. 7927.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
130	123		district may issue, without an election, bonds and other
131	124		obligations secured by:
132	125		(1) revenue other than ad valorem taxes; or
133	126		(2) contract payments described by Section 7927.153.
134	127		(b) The district must hold an election in the manner
135	128		provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	129		before the district may impose an ad valorem tax or issue bonds
137	130		payable from ad valorem taxes.
138	131		(c) The district may not issue bonds payable from ad valorem
139	132		taxes to finance a road project unless the issuance is approved by a
140	133		vote of a two-thirds majority of the district voters voting at an
141	134		election held for that purpose.
142	135		Sec. 7927.152. OPERATION AND MAINTENANCE TAX. (a) If
143	136		authorized at an election held under Section 7927.151, the district
144	137		may impose an operation and maintenance tax on taxable property in
145	138		the district in accordance with Section 49.107, Water Code.
146	139		(b) The board shall determine the tax rate. The rate may not
147	140		exceed the rate approved at the election.
148	141		Sec. 7927.153. CONTRACT TAXES. (a) In accordance with
149	142		Section 49.108, Water Code, the district may impose a tax other than
150	143		an operation and maintenance tax and use the revenue derived from
151	144		the tax to make payments under a contract after the provisions of
152	145		the contract have been approved by a majority of the district voters
153	146		voting at an election held for that purpose.
154	147		(b) A contract approved by the district voters may contain a
155	148		provision stating that the contract may be modified or amended by
156	149		the board without further voter approval.
157	150		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	151		Sec. 7927.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	152		OBLIGATIONS. The district may issue bonds or other obligations
160	153		payable wholly or partly from ad valorem taxes, impact fees,
161	154		revenue, contract payments, grants, or other district money, or any
162	155		combination of those sources, to pay for any authorized district
163	156		purpose.
164	157		Sec. 7927.202. TAXES FOR BONDS. At the time the district
165	158		issues bonds payable wholly or partly from ad valorem taxes, the
166	159		board shall provide for the annual imposition of a continuing
167	160		direct ad valorem tax, without limit as to rate or amount, while all
168	161		or part of the bonds are outstanding as required and in the manner
169	162		provided by Sections 54.601 and 54.602, Water Code.
170	163		Sec. 7927.203. BONDS FOR ROAD PROJECTS. At the time of
171	164		issuance, the total principal amount of bonds or other obligations
172	165		issued or incurred to finance road projects and payable from ad
173	166		valorem taxes may not exceed one-fourth of the assessed value of the
174	167		real property in the district.
175	168		SECTION 2. The Fort Bend County Municipal Utility District
176	169		No. 218 initially includes all the territory contained in the
177	170		following area:
178	171		A 232.215 acre, or 10,115,268 square feet more or less tract of
179	172		land, being all of that 250 acre tract of land conveyed to Frank
180	173		Chalupa and described in a deed recorded in Volume 182, Page 194 of
181	174		the Deed Records of Fort Bend County, Texas, subsequently divided
182	175		into seven parcels and conveyed as follows: 41.58 acres conveyed to
183	176		Edwin G. Chalupa et al in a deed recorded in Volume 708, Page 5,
184	177		corrected in document recorded in Volume 753, Page 746, Deed
185	178		Records of Fort Bend County, Texas, subsequently conveyed to
186	179		Patrick B. Chalupa, Melissa K. Chalupa aka Melissa Chalupa Gonzalez
187	180		by deeds recorded in Document Numbers 9621563, 2007000110,
188	181		2007061950, 2014005282, and 2014005283 of the Official Public
189	182		Records of Fort Bend County, Texas; 41.58 acres conveyed to Robert
190	183		E. Chalupa et al by deed recorded in Volume 708, Page 9, corrected
191	184		in Document recorded in Volume 753, Page 746, Deed Records of Fort
192	185		Bend County, Texas; 41.58 acres conveyed to Bessie R. Polasek,
193	186		Jerry William Polasek and Bessie R. Polasek as Trustee for Jerry
194	187		Wayne Polasek, Michael Polasek and Deborah Renee Polasek, by deed
195	188		recorded in Volume 708, Page 16, corrected in document recorded in
196	189		Volume 753, Page 746, Deed Records of Fort Bend County, Texas, and
197	190		being the same tract subsequently conveyed to Michael Polasek,
198	191		Jerry Wayne Polasek and Deborah Renee Polasek Macha by deeds
199	192		recorded in Document Numbers 9468263, 9468264, 946826, 09468266,
200	193		9468267, 8468268, 9459082, 9469083, and 9469084 of the Official
201	194		Public Records of Fort Bend County, Texas; 41.58 acres conveyed to
202	195		Anastazie M. Stasney, et al by deed recorded in Volume 705, Page 1,
203	196		corrected in document recorded in Volume 753, Page 746, Deed
204	197		Records of Fort Bend County, Texas, and being the same tract
205	198		subsequently conveyed to Alan Wayne Stasney by deeds recorded in
206	199		Document Numbers 9504686, 2006162504, and 2013128230 of the
207	200		Official Public Records of Fort Bend County, Texas; 41.58 acres
208	201		conveyed to John J. Chalupa, Trustee for the benefit of Delores
209	202		Chalupa in accordance with the Frank and Amalie Chalupa Trust III,
210	203		by deed recorded in Volume 707, Page 932, corrected in document
211	204		recorded in Volume 753, Page 748, Deed Records of Fort Bend County,
212	205		Texas; 20.2239 acres being a portion of 41.58 acres conveyed to John
213	206		J. Chalupa by deed recorded in Volume 708 Page 13, corrected in
214	207		document recorded in Volume 753, Page 746, Deed Records of Fort Bend
215	208		County, Texas, and being the same tract of land conveyed by deed
216	209		recorded in Document Number 9468272, Official Public Records of
217	210		Fort Bend County, Texas, to Bessie Polasek and Anastazie Stasney,
218	211		Co-Trustees for Bessie Polasek pursuant to Testamentary Trust
219	212		created by the Last Will and Testament of John J. Chalupa, admitted
220	213		to probate on August 10, 1992, in Cause No. 12,545, in the Probate
221	214		Court of Fort Bend County, Texas; and 21.4413 acre portion of 41.58
222	215		acres conveyed to John J. Chalupa by deed recorded in Volume 708,
223	216		Page 13, corrected in document recorded in Volume 753, Page 746,
224	217		Deed Records of Fort Bend County, Texas, and being the same tract of
225	218		land conveyed by deed recorded in Document Number 9468271, Official
226	219		Public Records of Fort Bend County, Texas, to Bessie Polasek and
227	220		Anastazie Stasney, Co-Trustees for Anastazie Stasney pursuant to
228	221		Testamentary Trust created by the Last Will and Testament of John J.
229	222		Chalupa, admitted to probate on August 10, 1992, in Cause
230	223		No. 12,545, in the Probate Court of Fort Bend County, Texas, all
231	224		situated in the W. Lusk Survey, Abstract 276, and the E. Wheat
232	225		Survey, Abstract 396, partially in the City of Rosenberg and
233	226		partially in the Rosenberg Extra-Territorial Jurisdiction, Fort
234	227		Bend County, Texas. Said 232.215 acre tract of land being more fully
235	228		described as follows, with bearings based on the Texas State Plane
236	229		Coordinate System, established for the South Central Zone, from the
237	230		North American Datum of 1983(NA2011), epoch 2010.00:
238	231		BEGINNING: At a set 5/8 inch iron rod with yellow cap marked
239	232		"Pape Dawson" at the northwest corner of said 250 acre tract of land
240	233		described in Volume 182, Page 194 of the Deed Records of Fort Bend
241	234		County, Texas, also being the northwest corner of said 41.58 acres
242	235		conveyed to Edwin G. Chalupa et al in a deed recorded in Volume 708,
243	236		page 5 of the Deed Records of Fort Bend County, Texas, and the
244	237		northwest corner of a 0.476 acre right-of-way easement conveyed to
245	238		the State of Texas and described in Volume 522, Page 45 of the Deed
246	239		Records of Fort Bend County, Texas for Minonite Road (also known as
247	240		F.M. 2977), a 100-foot wide right-of-way as shown on the
248	241		right-of-way map prepared for the Texas Department of
249	242		Transportation under CSJ 3048-1-4, also being the southwest corner
250	243		of a 0.977 acre tract of land conveyed to NGR Texas Power LLC in a
251	244		document recorded in Clerk's File No. 2007089660 and described in
252	245		Clerk's File No. 2007019710 of the Official Public Records of Fort
253	246		Bend County, Texas, and the southwest corner of a 0.093 of an acre
254	247		right-of-way easement conveyed to the State of Texas for said
255	248		Minonite Road and described in Volume 522, Page 36 of the Deed
256	249		Records of Fort Bend County, Texas;
257	250		THENCE: S67°37'36"E, along and with the northeast line of said
258	251		250 acre tract, the southwest line of said 0.977 acre tract, passing
259	252		the northeast corner of said 0.476 acre right-of-way easement and
260	253		southeast corner of said 0.093 acre right-of-way easement at a
261	254		distance of 9.00 feet, from which a found 3/4 inch iron pipe bears
262	255		N67°37'36"W, a distance of 0.28 feet, passing the southeast corner
263	256		of said 0.977 acre tract, the southwest corner of a 4.1687 acre
264	257		tract of land conveyed to HV Asset, LLC and described in Clerk's
265	258		File No. 2014072568 of the Official Public Records Fort Bend
266	259		County, Texas, at an additional distance of 91.00 feet, passing the
267	260		southeast corner of said 4.1687 acre tract, the southwest corner of
268	261		a 27.550 acre tract of land conveyed to Community Focus Foundation,
269	262		A Texas Foundation and described in Clerk's File No. 2013053843 of
270	263		the Official Public Records of Fort Bend County, Texas at an
271	264		additional distance of 368.89 feet, from which a found 3/4 inch iron
272	265		pipe bears S22°22'24"W, a distance of 0.23 feet, passing the
273	266		southeast corner of said 27.550 acre tract, the southwest corner of
274	267		a 16.313 acre tract of land conveyed to Community Focus Foundation,
275	268		a Texas Nonprofit Corporation in Clerk's File No. 2013054877 of the
276	269		Official Public Records of Fort Bend County, Texas at an additional
277	270		distance of 779.25 feet, from which a found iron rod with cap marked
278	271		"Kalkomey Surveying" bears N22°22'24"E, a distance of 0.27 feet,
279	272		passing the southeast corner of said 16.313 acre tract of land
280	273		conveyed to Community Focus Foundation, a Texas Nonprofit
281	274		Corporation, the southwest corner of a 16.313 acre tract of land
282	275		conveyed to Michael and Madeleine Ghosn, and described in Clerk's
283	276		File No. 2011016213 of the Official Public Records of Fort Bend
284	277		County, Texas at an additional distance of 449.82 feet, from which a
285	278		found iron rod with cap marked "Kalkomey Surveying" bears
286	279		N22°22'24"E, a distance of 0.57 feet, passing the southeast corner
287	280		of said 16.313 acre tract conveyed to Michael and Madeleine Ghosn,
288	281		the southwest corner of a 23.425 acre tract of land conveyed to
289	282		Niranjan and Jasmin Patel and described in Clerk's File
290	283		No. 2013077203 of the Official Public Records of Fort Bend County,
291	284		Texas at an additional distance of 449.73 feet, passing the
292	285		southeast corner of said 23.425 acre tract, the southwest corner of
293	286		a 32.626 acre tract of land conveyed to Vertical Capital Holdings,
294	287		LLC and described in Clerk's File No. 2014024505 of the Official
295	288		Public Records of Fort Bend County, Texas, at an additional
296	289		distance of 646.32 feet, passing the southeast corner of said
297	290		32.626 acre tract, the southwest corner of a 32.63 acre tract of
298	291		land conveyed to Zion Hill Baptist Church in Crabb, Texas and
299	292		described in Clerk's File No. 2010105939 of the Official Public
300	293		Records of Fort Bend County, Texas at an additional distance of
301	294		900.72 feet, passing the southeast corner of said 32.63 acre tract,
302	295		the southwest corner of a 33.450 acre tract of land conveyed to
303	296		Wilbert Ulrich and described in Volume 2236, Page 2080 of the Deed
304	297		Records of Fort Bend County, Texas at an additional distance of
305	298		901.24 feet, along and with the south line of said 33.450 acre
306	299		tract, and additional distance of 926.55 feet, for a total distance
307	300		of 5522.52 feet to a set MAG nail with shiner marked "Pape-Dawson"
308	301		on the east line of a 30-foot wide right-of-way easement conveyed to
309	302		Fort Bend County and described in Volume 181, Page 611 of the Deed
310	303		Records of Fort Bend County, Texas for the creation of Benton Road,
311	304		a 60-foot wide right-of-way, at the southeast corner of said 33.450
312	305		acre tract, the northeast corner of said 250 acre tract and the
313	306		northeast corner of said 20.2239 acre portion of a 41.58 acre tract
314	307		conveyed to John J. Chalupa by deed recorded in Volume 708, Page 13
315	308		of the Deed Records of Fort Bend County, Texas, from which a found
316	309		Mag nail bears N00°14'41"W, a distance of 3.79 feet;
317	310		THENCE: S22°21'30"W, along and with centerline of said Benton
318	311		Road, also being the east line of said 250 acre tract, the east line
319	312		of said 30-foot wide right-of-way easement, and the east line of
320	313		said 20.2239 acre and said 21.4413 acre portion of the 41.58 acre
321	314		tract of land conveyed to John J. Chalupa, passing a found MAG nail
322	315		at a distance of 750.63 feet, from which another found MAG nail
323	316		bears N17°20'04"E, a distance of 5.27 feet, continuing along said
324	317		east line and centerline, an additional distance of 1222.50 feet
325	318		for a total distance of 1973.13 feet to a set 5/8 inch iron rod with
326	319		yellow cap marked "Pape-Dawson" on the north line of a 30.71 acre
327	320		tract of land conveyed to Lennar Homes of Texas Land and
328	321		Construction, Ltd. and described in Clerk's File No. 2005142966 of
329	322		the Official Public Records of Fort Bend County, Texas, at the
330	323		southeast corner of said 250 acres tract, the southeast corner of
331	324		said 21.4413 acre tract, and the southeast corner of said 30-foot
332	325		wide right-of-way easement;
333	326		THENCE: N67°37'36"W, departing the centerline of said Benton
334	327		Road, also being the east line of said 250 acre tract, the east line
335	328		of said 30-foot wide right-of-way easement, and the east line of
336	329		said 20.2239 acre and 21.4413 acre portions of the 41.58 acre tract
337	330		of land conveyed to John J. Chalupa, along and with the south line
338	331		of said 250 acre tract of land, the north line of said 30.71 acre
339	332		tract, now partially platted as Walnut Creek Section Four, recorded
340	333		in Clerk's File No. 20140011 of the Official Public Records of Fort
341	334		Bend County, Texas and Walnut Creek Section Nine, recorded in
342	335		Clerk's File No. 20120064 of the Official Public Records of Fort
343	336		Bend County, Texas, passing a found iron rod with cap marked "IDS"
344	337		at the common corner between Lot 16, Block 1 and Lot 26, Block 1 of
345	338		said Walnut Creek Section Four at a distance of 1899.49 feet,
346	339		passing a found iron rod with illegible cap at the common corner
347	340		between Lot 14, Block 1 of said Walnut Creek Section Four and Lot
348	341		18, Block 1 of said Walnut Creek Section Nine at an additional
349	342		distance of 327.00 feet, continuing along the south line of said 250
350	343		acres, now being the north line of said Walnut Creek Section Nine,
351	344		passing the northwest corner of said Walnut Creek Section Nine, the
352	345		northeast corner of Walnut Creek Section Three, recorded in Clerk's
353	346		File No. 20090032 of the Official Public Records of Fort Bend
354	347		County, Texas at an additional distance of 917.38 feet, passing the
355	348		northwest corner of said Walnut Creek Section Three, the northeast
356	349		corner of Rosehaven Section 2, recorded in Clerk's File
357	350		No. 20050172 of the Official Public Records of Fort Bend County,
358	351		Texas at an additional distance of 259.13 feet, passing the
359	352		northwest corner of said Rosehaven Sec. 2, the northeast corner of
360	353		Restricted Reserve "A", Walnut Creek Recreational Reserve,
361	354		recorded in Clerk's File No. 20100086 of the Official Public
362	355		Records of Fort Bend County, Texas, at an additional distance of
363	356		1,290.33, for a total distance of 4989.24 feet, to a point, said
364	357		point being located S67°37'36"E a distance of 16.07 feet from the
365	358		northwest corner of said Rosehaven Sec. 2, the northeast corner of
366	359		Restricted Reserve "A", Walnut Creek Recreational Reserve,
367	360		recorded in Clerk's File No. 20100086 of the Official Public
368	361		Records of Fort Bend County, Texas;
369	362		THENCE: Over and across the said 250 acre tract of land the
370	363		following courses and distances:
371	364		N22°22'24"E, a distance of 129.84 feet to a point,
372	365		N20°01'13"E, a distance of 59.92 feet to a point,
373	366		N22°28'53"E, a distance of 358.51 feet to a point,
374	367		N18°09'34"E, a distance of 60.26 feet to a point,
375	368		N22°24'27"E, a distance of 129.92 feet to a point,
376	369		N22°48'47"E, a distance of 152.32 feet to a point,
377	370		N17°28'20"E, a distance of 190.00 feet to a point,
378	371		S72°54'19"E, a distance of 23.20 feet to a point,
379	372		Northeasterly, along a non-tangent curve to the left, having
380	373		a radial bearing of N 17°05'41" E, a radius of 24.84 feet, a central
381	374		angle of 92°12'15", a chord bearing and distance of N 60°59'33" E,
382	375		35.80 feet, for an arc length of 39.98 feet to a point,
383	376		Southeasterly, along the arc of a reverse curve to the right
384	377		with a radius of 780.39 feet, an interior angle of 12°35'14", and a
385	378		chord bearing and distance of N 21°11'03" E, 171.10 feet; for an arc
386	379		length of 171.44 feet to a point,
387	380		N 27°06'01" E, a distance of 59.97 feet to a point,
388	381		Northwesterly, along a tangent curve to the left with a
389	382		radius of 2280.00 feet, a central angle of 02°47'20", and a chord
390	383		bearing and distance of N 25°42'20" E, 110.97 feet, for an arc length
391	384		of 110.98 feet to a point,
392	385		N 67°30'19" W, a distance of 260.14 feet to a point,
393	386		N 54°51'39" W, a distance of 61.08 feet to a point, and
394	387		N 67°21'55" W, a distance of 247.25 feet to a point;
395	388		THENCE: N 22°29'41" E, along and with the west line of said
396	389		0.476 acre right-of-way easement and west line of said 250 acre
397	390		tract, a distance of 506.41 feet to the POINT OF BEGINNING and
398	391		containing 232.215 acres in the Extra-Territorial Jurisdiction of
399	392		Rosenberg, Fort Bend County, Texas. Said tract being described in
400	393		accordance with a survey made on the ground and a survey description
401	394		and map prepared under job number 49077-14 by Pape-Dawson
402	395		Engineers, Inc.
403	396		SECTION 3. (a) The legal notice of the intention to
404	397		introduce this Act, setting forth the general substance of this
405	398		Act, has been published as provided by law, and the notice and a
406	399		copy of this Act have been furnished to all persons, agencies,
407	400		officials, or entities to which they are required to be furnished
408	401		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
409	402		Government Code.
410	403		(b) The governor, one of the required recipients, has
411	404		submitted the notice and Act to the Texas Commission on
412	405		Environmental Quality.
413	406		(c) The Texas Commission on Environmental Quality has filed
414	407		its recommendations relating to this Act with the governor, the
415	408		lieutenant governor, and the speaker of the house of
416	409		representatives within the required time.
417	410		(d) All requirements of the constitution and laws of this
418	411		state and the rules and procedures of the legislature with respect
419	412		to the notice, introduction, and passage of this Act are fulfilled
420	413		and accomplished.
421	414		SECTION 4. (a) If this Act does not receive a two-thirds
422	415		vote of all the members elected to each house, Subchapter C, Chapter
423	416		7927, Special District Local Laws Code, as added by Section 1 of
424	417		this Act, is amended by adding Section 7927.106 to read as follows:
425	418		Sec. 7927.106. NO EMINENT DOMAIN POWER. The district may
426	419		not exercise the power of eminent domain.
427	420		(b) This section is not intended to be an expression of a
428	421		legislative interpretation of the requirements of Section 17(c),
429	422		Article I, Texas Constitution.
430	423		SECTION 5. This Act takes effect September 1, 2015.
431		-	* * * * *
	424	+	______________________________ ______________________________
	425	+	President of the Senate Speaker of the House
	426	+	I certify that H.B. No. 4126 was passed by the House on April
	427	+	30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
	428	+	voting.
	429	+	______________________________
	430	+	Chief Clerk of the House
	431	+	I certify that H.B. No. 4126 was passed by the Senate on May
	432	+	8, 2015, by the following vote: Yeas 30, Nays 1.
	433	+	______________________________
	434	+	Secretary of the Senate
	435	+	APPROVED: _____________________
	436	+	Date
	437	+	_____________________
	438	+	Governor