Texas 2015 - 84th Regular

Texas House Bill HB4127 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Metcalf (Senate Sponsor - Creighton) H.B. No. 4127
2		-	(In the Senate - Received from the House April 27, 2015;
3		-	May 4, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 13, 2015, reported favorably by
5		-	the following vote: Yeas 6, Nays 0; May 13, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4127
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the creation of the Foster Municipal Utility District
12	5		No. 1 of Montgomery County; granting a limited power of eminent
13	6		domain; providing authority to issue bonds; providing authority to
14	7		impose 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 7926 to read as follows:
18	11		CHAPTER 7926. FOSTER MUNICIPAL UTILITY DISTRICT NO. 1 OF
19	12		MONTGOMERY COUNTY
20	13		SUBCHAPTER A. GENERAL PROVISIONS
21	14		Sec. 7926.001. DEFINITIONS. In this chapter:
22	15		(1) "Board" means the district's board of directors.
23	16		(2) "Commission" means the Texas Commission on
24	17		Environmental Quality.
25	18		(3) "Director" means a board member.
26	19		(4) "District" means the Foster Municipal Utility
27	20		District No. 1 of Montgomery County.
28	21		Sec. 7926.002. NATURE OF DISTRICT. The district is a
29	22		municipal utility district created under Section 59, Article XVI,
30	23		Texas Constitution.
31	24		Sec. 7926.003. CONFIRMATION AND DIRECTORS' ELECTION
32	25		REQUIRED. The temporary directors shall hold an election to
33	26		confirm the creation of the district and to elect five permanent
34	27		directors as provided by Section 49.102, Water Code.
35	28		Sec. 7926.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	29		temporary directors may not hold an election under Section 7926.003
37	30		until each municipality in whose corporate limits the district is
38	31		located has consented by ordinance or resolution to the creation of
39	32		the district and to the inclusion of land in the district.
40	33		Sec. 7926.005. 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. 7926.006. 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. 7926.051. 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 7926.052, directors serve
66	59		staggered four-year terms.
67	60		Sec. 7926.052. 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 7926.003; or
77	70		(2) September 1, 2019.
78	71		(c) If permanent directors have not been elected under
79	72		Section 7926.003 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 7926.003; 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. 7926.101. 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. 7926.102. 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. 7926.103. 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. 7926.104. 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 the road project is located.
113	106		(b) If a road project is not located in the corporate limits
114	107		of a municipality, the road project must meet all applicable
115	108		construction standards, subdivision requirements, and regulations
116	109		of each county in which the road project is located.
117	110		(c) If the state will maintain and operate the road, the
118	111		Texas Transportation Commission must approve the plans and
119	112		specifications of the road project.
120	113		Sec. 7926.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
121	114		OR RESOLUTION. The district shall comply with all applicable
122	115		requirements of any ordinance or resolution that is adopted under
123	116		Section 54.016 or 54.0165, Water Code, and that consents to the
124	117		creation of the district or to the inclusion of land in the
125	118		district.
126	119		Sec. 7926.106. DIVISION OF DISTRICT. (a) The district may
127	120		be divided into two or more new districts only if the district:
128	121		(1) has no outstanding bonded debt; and
129	122		(2) is not imposing ad valorem taxes.
130	123		(b) This chapter applies to any new district created by the
131	124		division of the district, and a new district has all the powers and
132	125		duties of the district.
133	126		(c) Any new district created by the division of the district
134	127		may not, at the time the new district is created, contain any land
135	128		outside the area described by Section 2 of the Act creating this
136	129		chapter.
137	130		(d) The board, on its own motion or on receipt of a petition
138	131		signed by the owner or owners of a majority of the assessed value of
139	132		the real property in the district, may adopt an order dividing the
140	133		district.
141	134		(e) The board may adopt an order dividing the district
142	135		before or after the date the board holds an election under Section
143	136		7926.003 to confirm the creation of the district and before or after
144	137		an election under Section 7926.151 to authorize the issuance of
145	138		bonds.
146	139		(f) An order dividing the district must:
147	140		(1) name each new district;
148	141		(2) include the metes and bounds description of the
149	142		territory of each new district;
150	143		(3) appoint temporary directors for each new district;
151	144		and
152	145		(4) provide for the division of assets and liabilities
153	146		between or among the new districts.
154	147		(g) On or before the 30th day after the date of adoption of
155	148		an order dividing the district, the district shall file the order
156	149		with the commission and record the order in the real property
157	150		records of each county in which the district is located.
158	151		(h) Any new district created by the division of the district
159	152		shall hold a confirmation and directors' election as required by
160	153		Section 7926.003.
161	154		(i) Any new district created by the division of the district
162	155		must hold an election as required by this chapter to obtain voter
163	156		approval before the district may impose a maintenance tax or issue
164	157		bonds payable wholly or partly from ad valorem taxes.
165	158		(j) If the creation of the new district is confirmed, the
166	159		new district shall provide the election date and results to the
167	160		commission.
168	161		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	162		Sec. 7926.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
170	163		district may issue, without an election, bonds and other
171	164		obligations secured by:
172	165		(1) revenue other than ad valorem taxes; or
173	166		(2) contract payments described by Section 7926.153.
174	167		(b) The district must hold an election in the manner
175	168		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	169		before the district may impose an ad valorem tax or issue bonds
177	170		payable from ad valorem taxes.
178	171		(c) The district may not issue bonds payable from ad valorem
179	172		taxes to finance a road project unless the issuance is approved by a
180	173		vote of a two-thirds majority of the district voters voting at an
181	174		election held for that purpose.
182	175		Sec. 7926.152. OPERATION AND MAINTENANCE TAX. (a) If
183	176		authorized at an election held under Section 7926.151, the district
184	177		may impose an operation and maintenance tax on taxable property in
185	178		the district in accordance with Section 49.107, Water Code.
186	179		(b) The board shall determine the tax rate. The rate may not
187	180		exceed the rate approved at the election.
188	181		Sec. 7926.153. CONTRACT TAXES. (a) In accordance with
189	182		Section 49.108, Water Code, the district may impose a tax other than
190	183		an operation and maintenance tax and use the revenue derived from
191	184		the tax to make payments under a contract after the provisions of
192	185		the contract have been approved by a majority of the district voters
193	186		voting at an election held for that purpose.
194	187		(b) A contract approved by the district voters may contain a
195	188		provision stating that the contract may be modified or amended by
196	189		the board without further voter approval.
197	190		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
198	191		Sec. 7926.201. AUTHORITY TO ISSUE BONDS AND OTHER
199	192		OBLIGATIONS. The district may issue bonds or other obligations
200	193		payable wholly or partly from ad valorem taxes, impact fees,
201	194		revenue, contract payments, grants, or other district money, or any
202	195		combination of those sources, to pay for any authorized district
203	196		purpose.
204	197		Sec. 7926.202. TAXES FOR BONDS. At the time the district
205	198		issues bonds payable wholly or partly from ad valorem taxes, the
206	199		board shall provide for the annual imposition of a continuing
207	200		direct ad valorem tax, without limit as to rate or amount, while all
208	201		or part of the bonds are outstanding as required and in the manner
209	202		provided by Sections 54.601 and 54.602, Water Code.
210	203		Sec. 7926.203. BONDS FOR ROAD PROJECTS. At the time of
211	204		issuance, the total principal amount of bonds or other obligations
212	205		issued or incurred to finance road projects and payable from ad
213	206		valorem taxes may not exceed one-fourth of the assessed value of the
214	207		real property in the district.
215	208		SECTION 2. The Foster Municipal Utility District No. 1 of
216	209		Montgomery County initially includes all the territory contained in
217	210		the following area:
218	211		Being 3,411.960 acres of land located in the Jose Maria De La
219	212		Garza Survey, Abstract Number 15 and the Cyrus Dikeman Survey,
220	213		Abstract Number 179, Montgomery County, Texas, being the apparent
221	214		remainder of those certain tracts described as "Part II, Tracts 7-1
222	215		and 8" conveyed Foster Timber, LTD by the instrument of record dated
223	216		February 17, 1995 recorded under File Number 9509573 in the
224	217		Official Public Records of Real Property of Montgomery County,
225	218		Texas (M.C.O.P.R.R.P.), said Part II, Tract 7-1 the called residue
226	219		of 8,437.836 acres, and said Part II, Tract 8 called 100 acres, said
227	220		3,411.960 acres being more particularly described by metes and
228	221		bounds in two parts as follows, all bearings are assumed:
229	222		PART ONE (Residue of Part II, Tract 7-1)
230	223		BEGINNING at a point for the southeast corner of that certain
231	224		called 68.1929 acre tract conveyed to Texas Campgrounds by an
232	225		instrument of record in Volume 720, Page 683, of the Deed Records of
233	226		said Montgomery County, Texas, (M.C.D.R.), also being on the south
234	227		line of said Jose Maria De La Garza Survey;
235	228		Thence, North 28° 21' 09" West, along the northeasterly line
236	229		of said 68.1929 acre tract, 843.66 feet to a point for the northeast
237	230		corner of said 68.1929 acre tract;
238	231		Thence, South 61° 50' 25" West, along the northwesterly line
239	232		of said 68.1929 acre tract, 1,828.58 feet to a point for an easterly
240	233		corner of that certain called 435.81 acre tract conveyed to The
241	234		Moran Corporation by an instrument of record in Volume 485, Page
242	235		196, M.C.D.R;
243	236		Thence, in a northwesterly direction along the easterly lines
244	237		of said 435.81 acre tract the following three (3) courses:
245	238		1. North 28° 50' 18" West, 1,799.69 feet to a point for
246	239		corner;
247	240		2. South 62° 13' 59" West, 525.34 feet to a point for corner;
248	241		3. North 13° 10' 49" West, 1,929.69 feet to a point for
249	242		corner on the south line of that certain called 136.894 acre tract
250	243		conveyed to John W. Holland by an instrument of record in File
251	244		Number 2005-087670, M.C.O.P.R.R.P;
252	245		Thence, North 86° 12' 25" East, along the south line of said
253	246		136.894 acre tract, 1,645.13 feet to a point for the southeast
254	247		corner of said 136.894 acre tract;
255	248		Thence, along the easterly lines of said 136.894 acre tract
256	249		the following three (3) courses:
257	250		1. North 03° 52' 16" West, 558.48 feet to a point for corner;
258	251		2. South 86° 47' 18" West, 1,360.46 feet to a point for
259	252		corner;
260	253		3. North 24° 26' 20" West, 139.17 feet to a point for corner,
261	254		said point being on the easterly line of the residue of that certain
262	255		called 200.493 acre tract conveyed to Cliff Robert Weisinger and
263	256		Michael Scott Weisinger by an instrument of record in File Number
264	257		9444915, M.C.O.P.R.R.P., said point also being on the centerline of
265	258		Angling Branch;
266	259		Thence, in a northeasterly direction meandering along the
267	260		easterly lines of said 200.493 acre tract and the centerline of said
268	261		Angling Branch the following eighty (80) courses and distances:
269	262		1. North 16° 08' 08" East, 101.40 feet to a point for corner;
270	263		2. North 29° 04' 08" East, 149.90 feet to a point for corner;
271	264		3. North 59° 38' 08" East, 173.20 feet to a point for corner;
272	265		4. North 72° 39' 08" East, 37.90 feet to a point for corner;
273	266		5. North 21° 36' 08" East, 94.10 feet to a point for corner;
274	267		6. North 31° 27' 08" East, 99.20 feet to a point for corner;
275	268		7. North 85° 26' 08" East, 107.20 feet to a point for corner;
276	269		8. North 33° 07' 08" East, 108.80 feet to a point for corner;
277	270		9. North 57° 51' 08" East, 118.10 feet to a point for corner;
278	271		10. North 27° 08' 08" East, 61.70 feet to a point for corner;
279	272		11. North 77° 13' 08" East, 77.50 feet to a point for corner;
280	273		12. South 80° 04' 52" East, 62.70 feet to a point for corner;
281	274		13. South 58° 32' 52" East, 30.80 feet to a point for corner;
282	275		14. North 64° 49' 08" East, 37.00 feet to a point for corner;
283	276		15. South 59° 49' 52" East, 67.90 feet to a point for corner;
284	277		16. North 42° 12' 08" East, 64.30 feet to a point for corner;
285	278		17. South 50° 11' 52" East, 54.30 feet to a point for corner;
286	279		18. South 20° 40' 52" East, 48.30 feet to a point for corner;
287	280		19. North 53° 28' 08" East, 104.80 feet to a point for
288	281		corner;
289	282		20. South 74° 50' 52" East, 40.30 feet to a point for corner;
290	283		21. South 46° 23' 52" East, 27.60 feet to a point for corner;
291	284		22. North 61° 30' 08" East, 61.60 feet to a point for corner;
292	285		23. North 02° 10' 52" West, 43.30 feet to a point for corner;
293	286		24. South 80° 16' 52" East, 21.60 feet to a point for corner;
294	287		25. South 16° 04' 52" East, 49.50 feet to a point for corner;
295	288		26. North 54° 05' 08" East, 29.40 feet to a point for corner;
296	289		27. South 85° 55' 52" East, 40.60 feet to a point for corner;
297	290		28. South 45° 09' 52" East, 37.00 feet to a point for corner;
298	291		29. North 62° 40' 08" East, 110.20 feet to a point for
299	292		corner;
300	293		30. South 58° 32' 52" East, 31.90 feet to a point for corner;
301	294		31. North 50° 27' 08" East, 39.30 feet to a point for corner;
302	295		32. South 85° 50' 52" East, 35.50 feet to a point for corner;
303	296		33. North 83° 37' 08" East, 63.00 feet to a point for corner;
304	297		34. North 41° 59' 08" East, 45.40 feet to a point for corner;
305	298		35. North 15° 22' 52" West, 36.90 feet to a point for corner;
306	299		36. North 24° 41' 52" West, 24.80 feet to a point for corner;
307	300		37. North 84° 59' 08" East, 46.00 feet to a point for corner;
308	301		38. North 30° 04' 52" West, 44.90 feet to a point for corner;
309	302		39. North 73° 01' 08" East, 49.30 feet to a point for corner;
310	303		40. North 06° 47' 52" West, 65.60 feet to a point for corner;
311	304		41. South 85° 01' 52" East, 51.30 feet to a point for corner;
312	305		42. North 32° 23' 52" West, 57.40 feet to a point for corner;
313	306		43. North 82° 47' 08" East, 66.70 feet to a point for corner;
314	307		44. North 28° 01' 08" East, 34.10 feet to a point for corner;
315	308		45. North 60° 43' 08" East, 38.70 feet to a point for corner;
316	309		46. North 73° 43' 08" East, 47.50 feet to a point for corner;
317	310		47. North 27° 39' 52" West, 33.40 feet to a point for corner;
318	311		48. North 44° 53' 08" East, 26.30 feet to a point for corner;
319	312		49. North 05° 18' 52" West, 23.10 feet to a point for corner;
320	313		50. North 54° 58' 08" East, 34.00 feet to a point for corner;
321	314		51. South 45° 19' 52" East, 41.50 feet to a point for corner;
322	315		52. North 28° 32' 08" East, 42.20 feet to a point for corner;
323	316		53. South 58° 32' 52" East, 31.70 feet to a point for corner;
324	317		54. North 36° 22' 08" East, 47.00 feet to a point for corner;
325	318		55. North 35° 23' 52" West, 53.90 feet to a point for corner;
326	319		56. North 72° 21' 08" East, 66.70 feet to a point for corner;
327	320		57. North 10° 57' 52" West, 78.70 feet to a point for corner;
328	321		58. North 17° 16' 52" West, 64.60 feet to a point for corner;
329	322		59. North 41° 33' 52" West, 89.70 feet to a point for corner;
330	323		60. North 64° 44' 08" East, 35.50 feet to a point for corner;
331	324		61. South 70° 09' 52" East, 36.70 feet to a point for corner;
332	325		62. North 18° 53' 52" West, 58.30 feet to a point for corner;
333	326		63. North 33° 44' 08" East, 74.90 feet to a point for corner;
334	327		64. North 33° 43' 52" West, 37.00 feet to a point for corner;
335	328		65. North 68° 56' 08" East, 39.80 feet to a point for corner;
336	329		66. North 06° 33' 08" East, 68.80 feet to a point for corner;
337	330		67. North 39° 45' 08" East, 34.90 feet to a point for corner;
338	331		68. North 27° 23' 52" West, 33.90 feet to a point for corner;
339	332		69. North 44° 35' 08" East, 53.20 feet to a point for corner;
340	333		70. North 08° 20' 52" West, 40.30 feet to a point for corner;
341	334		71. North 77° 58' 08" East, 30.30 feet to a point for corner;
342	335		72. North 08° 24' 52" West, 36.10 feet to a point for corner;
343	336		73. North 68° 47' 08" East, 97.40 feet to a point for corner;
344	337		74. North 17° 08' 08" East, 47.80 feet to a point for corner;
345	338		75. South 48° 45' 52" East, 35.40 feet to a point for corner;
346	339		76. North 40° 49' 08" East, 101.60 feet to a point for
347	340		corner;
348	341		77. South 61° 32' 52" East, 21.20 feet to a point for corner;
349	342		78. North 44° 31' 08" East, 67.80 feet to a point for corner;
350	343		79. South 88° 37' 52" East, 26.30 feet to a point for corner;
351	344		80. North 01° 05' 52" West, 21.00 feet to a point for the
352	345		southwest corner of that certain called 9.81 acre tract conveyed to
353	346		Leonard J. Decker and Donna M. Decker by an instrument of record in
354	347		Volume 985, Page 278, M.C.D.R.;
355	348		Thence, North 58° 00' 17" East, along the southerly line of
356	349		said 9.81 acre tract, 835.83 feet to an angle point in the southerly
357	350		line of said 9.81 acre tract;
358	351		Thence, North 88° 01' 07" East, along the southerly line of
359	352		said 9.81 acre tract, the south line of that certain called 2.884
360	353		acre tract conveyed to Lloyd W. McGee and Holly T. McGee by an
361	354		instrument of record in File Number 2005-056892, M.C.O.P.R.R.P.,
362	355		and the south line of that certain called 2.133 acre tract conveyed
363	356		to Joseph Foxworth by an instrument of record in File Number
364	357		2009-031282, M.C.O.P.R.R.P., 1,265.86 feet to a point for the
365	358		southeast corner of said 2.133 acre tract, said point being on the
366	359		west line of that certain called 16.622 acre tract conveyed to
367	360		Phillip Montandon by an instrument of record in File Number
368	361		2005-060480, M.C.O.P.R.R.P.;
369	362		Thence, South 02° 46' 56" East, along the west line of said
370	363		16.622 acre tract, 700.03 feet to a point for the southwest corner
371	364		of said 16.622 acre tract;
372	365		Thence, North 86° 54' 45" East, along the south line of said
373	366		16.622 acre tract, 894.34 feet to a point for the southeast corner
374	367		of said 16.622 acre tract;
375	368		Thence, North 03° 46' 41" West, along the east line of said
376	369		16.622 acre tract, the east right-of-way line of Jack Gibbs Road
377	370		(called 60 feet wide) and its extension along the east line of that
378	371		certain called 9.82 acre tract conveyed to Richard L. Miller by an
379	372		instrument of record under File Number 2003-072598,
380	373		M.C.O.P.R.R.P., 5,358.20 feet to a point for the southwest corner
381	374		of that certain called 20.00 acre tract conveyed to Pete McCrorey
382	375		A/K/A Cleo McCrorey and Stella Mae McCrorey by an instrument of
383	376		record in File Number 2012031644, Official Public Records of said
384	377		Montgomery County, Texas, (M.C.O.P.R.);
385	378		Thence, North 87° 02' 38" East, along the south line of said
386	379		20.00 acre tract, 1,620.00 feet to a point for the southeast corner
387	380		of said 20.00 acre tract, said point being on the west line of that
388	381		certain called 57.4 acre tract conveyed to Bryant Timber
389	382		Investments LLC by an instrument of record in File Number
390	383		2007-120647, M.C.O.P.R.R.P.;
391	384		Thence, South 02° 34' 37" East, along the west line of said
392	385		57.4 acre tract, 408.55 feet to a point for the southwest corner of
393	386		said 57.4 acre tract;
394	387		Thence, North 87° 25' 23" East, along the southerly line of
395	388		said 57.4 acre tract, 1,319.45 feet to a point for the southeast
396	389		corner of said 57.4 acre tract;
397	390		Thence, North 02° 34' 37" West, along a east line of said 57.4
398	391		acre tract, 1,222.23 feet to a point for corner;
399	392		Thence, North 34° 33' 23" West, along the northeasterly line
400	393		of said 57.4 acre tract, 1,018.46 feet to a point for corner;
401	394		Thence, South 87° 53' 36" West, along the north line of said
402	395		57.4 acre tract, 641.31 feet to a point for corner, being the
403	396		southerly most northeast corner of that certain called 48.0759 acre
404	397		tract conveyed to Clayton McCrorey by an instrument of record in
405	398		File Number 2012031643, M.C.O.P.R.;
406	399		Thence, along the northerly lines of said 48.0759 acre tract
407	400		the following four (4) courses:
408	401		1. North 03° 11' 24" West, 602.83 feet to a point for corner;
409	402		2. South 85° 54' 58" West, 632.60 feet to a point for corner;
410	403		3. South 03° 12' 14" East, 610.17 feet to a point for corner;
411	404		4. South 85° 15' 06" West, 1,001.50 feet to a point for the
412	405		northwest corner of said 48.0759 acre tract, said point being on the
413	406		east line of that certain called 41.708 acre tract (described as
414	407		Tract 1) conveyed to Clayton T. McCrorey by an instrument of record
415	408		in File Number 2008-028975, M.C.O.P.R.R.P.;
416	409		Thence, North 02° 09' 22" East, along the east line of said
417	410		41.708 acre tract, 41.59 feet to a point for the northeast corner of
418	411		said 41.708 acre tract;
419	412		Thence, South 87° 12' 53" West, along the north line of said
420	413		41.708 acre tract, 1,198.70 feet to a point for the northwest corner
421	414		of said 41.708 acre tract;
422	415		Thence, South 02° 03' 51" East, along the west line of said
423	416		41.708 acre tract, 1,604.85 feet to a point for the southwest corner
424	417		of said 41.708 acre tract, the northwest corner of that certain
425	418		called 3.7 acre tract (described as Tract II) conveyed to Clayton T.
426	419		McCrorey by an instrument of record in File Number 2008-028975,
427	420		M.C.O.P.R.R.P., and on a north line of that certain called 172.890
428	421		acre tract described in Volume 674, Page 373, M.C.D.R., said
429	422		172.890 acre tract subsequently partitioned;
430	423		Thence, South 86° 13' 19" West, along the north line of said
431	424		172.890 acre tract, 2,333.33 feet to a point for the northwest
432	425		corner of said 172.890 acre tract;
433	426		Thence, South 03° 46' 41" East, along the west line of said
434	427		172.890 acre tract, at 2157.55 feet pass the southwest corner of
435	428		said 172.890 acre tract, same being the most easterly northwest
436	429		corner that certain called 300.13 acre tract conveyed to LMD
437	430		Investments Limited Partnership by an instrument of record in File
438	431		Number 2007-144495, M.C.O.P.R.R.P., in all a total distance of
439	432		2,944.44 feet to a point for corner;
440	433		Thence, in a northerly and westerly direction along the north
441	434		and west lines of said 300.13 acre tract the following six (6)
442	435		courses:
443	436		1. South 86° 13' 19" West, 1,069.44 feet to a point for
444	437		corner;
445	438		2. North 03° 46' 41" West, 2,208.33 feet to a point for
446	439		corner;
447	440		3. South 86° 13' 19" West, 2,416.66 feet to a point for
448	441		corner;
449	442		4. North 03° 46' 41" West, 2,319.44 feet to a point for
450	443		corner;
451	444		5. North 86° 13' 19" East, 555.55 feet to a point for corner;
452	445		6. North 03° 40' 50" West, 888.89 feet to a point for the
453	446		southwest corner of that certain called 3.350 acre tract conveyed
454	447		to William Quinlan and Patricia Quinlan by an instrument of record
455	448		in File Number 2010079944, M.C.O.P.R.R.P.;
456	449		Thence, North 86° 13' 19" East, along the southerly lines of
457	450		said 3.350 acre tract, that certain called 6.7 acre tract
458	451		(described as Tract 10) conveyed to O. B. Clay by an instrument of
459	452		record in Volume 191, Page 608, M.C.D.R., that certain called
460	453		3.9435 acre tract conveyed to Larry and Tracie Fultz by an
461	454		instrument of record in File Number 2007-132603, M.C.O.P.R.R.P.,
462	455		that certain called 6.7 acre tract (described as Tract 8) conveyed
463	456		to Dan Clay by an instrument of record in Volume 191, Page 608,
464	457		M.C.D.R., that certain called 2.043 acre tract conveyed to Richard
465	458		McWhorter by an instrument of record in File Number 8642515,
466	459		M.C.O.P.R.R.P., that certain called 1.823 acre tract conveyed to
467	460		Margaret Hull by an instrument of record in File Number 9843968,
468	461		M.C.O.P.R.R.P., and that certain called 1.0 acre tract conveyed to
469	462		Peter J. Buscemi and Patricia L. Buscemi by an instrument of record
470	463		in File Number 9523049, M.C.O.P.R.R.P., 1,730.34 feet to a point
471	464		for the southeast corner of said 1.0 acre tract;
472	465		Thence, North 13° 05' 19" East, along the east line of said 1.0
473	466		acre tract and the east line of that certain called 3.40 acre tract
474	467		conveyed to Stephen Charles and Andrea Charles by an instrument of
475	468		record in File Number 9523049 and (described as Tract 7) in Volume
476	469		191, Page 608, M.C.D.R., 361.99 feet to a point for corner on the
477	470		centerline of Tanyard Road;
478	471		Thence, South 89° 48' 05" East, along the centerline of
479	472		Tanyard Road as described in File Number 9509572, M.C.O.P.R.R.P.,
480	473		52.14 feet to a point for corner;
481	474		Thence, South 85° 55' 34" East, continuing along the
482	475		centerline of Tanyard Road, 295.89 feet to a point for the common
483	476		west corner of that certain called 39.240 acre tract conveyed to
484	477		Robert P. Wright by an instrument of record in File Number 7747854,
485	478		M.C.O.P.R.R.P., and that certain called 4.601 acre tract conveyed
486	479		to Robert Wright by an instrument of record in File Number
487	480		2009-104141, M.C.O.P.R.R.P.;
488	481		Thence, South 03° 20' 08" West, along the west line of said
489	482		4.601 acre tract, 236.02 feet to a point for the southwest corner of
490	483		said 4.601 acre tract;
491	484		Thence, North 86° 21' 51" East, along the south line of said
492	485		4.601 acre tract, 997.70 feet to a point for the common south corner
493	486		of said 4.601 acre tract and that certain called 21.50 acre tract
494	487		conveyed to Robert P. Wright by an instrument of record in File
495	488		Number's 2005-003852 and 8646744, M.C.O.P.R.R.P.;
496	489		Thence, North 85° 20' 12" East, along the south line of said
497	490		21.50 acre tract, 422.37 feet to a point for corner on the
498	491		centerline of said Tanyard Road as described in File Number
499	492		9509572, M.C.O.P.R.R.P.;
500	493		Thence, in an easterly direction along the centerline of said
501	494		Tanyard Road the following thirty (30) courses:
502	495		1. South 75° 40' 47" East, 310.24 feet to a point for corner;
503	496		2. South 80° 01' 38" East, 517.06 feet to a point for corner;
504	497		3. South 89° 22' 10" East, 1,020.57 feet to a point for
505	498		corner;
506	499		4. North 87° 31' 53" East, 534.66 feet to a point for corner;
507	500		5. North 83° 13' 01" East, 650.61 feet to a point for corner;
508	501		6. North 81° 13' 01" East, 1,173.60 feet to a point for
509	502		corner;
510	503		7. North 85° 26' 52" East, 1,826.57 feet to a point for
511	504		corner;
512	505		8. North 87° 55' 57" East, 369.79 feet to a point for corner;
513	506		9. South 89° 56' 05" East, 233.26 feet to a point for corner;
514	507		10. South 89° 27' 50" East, 610.46 feet to a point for
515	508		corner;
516	509		11. South 89° 52' 39" East, 654.48 feet to a point for
517	510		corner;
518	511		12. North 85° 33' 04" East, 692.83 feet to a point for
519	512		corner;
520	513		13. North 84° 11' 59" East, 456.82 feet to a point for
521	514		corner;
522	515		14. North 81° 48' 08" East, 245.89 feet to a point for
523	516		corner;
524	517		15. North 76° 01' 24" East, 299.73 feet to a point for
525	518		corner;
526	519		16. North 74° 33' 15" East, 458.03 feet to a point for
527	520		corner;
528	521		17. North 71° 20' 36" East, 126.39 feet to a point for
529	522		corner;
530	523		18. North 67° 33' 47" East, 233.32 feet to a point for
531	524		corner;
532	525		19. North 68° 17' 38" East, 346.61 feet to a point for
533	526		corner;
534	527		20. North 60° 40' 51" East, 203.12 feet to a point for
535	528		corner;
536	529		21. North 67° 41' 08" East, 183.91 feet to a point for
537	530		corner;
538	531		22. North 64° 22' 31" East, 237.95 feet to a point for
539	532		corner;
540	533		23. North 62° 31' 54" East, 214.60 feet to a point for
541	534		corner;
542	535		24. North 78° 44' 21" East, 505.10 feet to a point for
543	536		corner;
544	537		25. North 75° 18' 00" East, 428.73 feet to a point for
545	538		corner;
546	539		26. North 79° 33' 02" East, 611.84 feet to a point for
547	540		corner;
548	541		27. North 68° 28' 51" East, 412.17 feet to a point for
549	542		corner;
550	543		28. North 84° 42' 55" East, 933.26 feet to a point for
551	544		corner;
552	545		29. North 64° 09' 39" East, 285.68 feet to a point for
553	546		corner;
554	547		30. North 70° 44' 16" East, 143.36 feet to a point for the
555	548		northwest corner of that certain called 15.0258 acre tract
556	549		(described as Tract 2) conveyed to Theodore G. Scheid by an
557	550		instrument of record in Volume 762, Page 48, M.C.D.R.;
558	551		Thence, South 27° 58' 12" East, along the westerly lines of
559	552		said 15.0258 acre tract and that certain called 25.2472 acre tract
560	553		(described as Tract 1) conveyed to Theodore G. Scheid by an
561	554		instrument of record in Volume 762, Page 48, M.C.D.R., 656.44 feet
562	555		to a point for a west corner of said 25.2472 acre tract and on the
563	556		northerly line of China Grove Village Section One a subdivision of
564	557		record in Cabinet W, Sheet 152, of the Map Records of said
565	558		Montgomery County, Texas, (M.C.M.R.);
566	559		Thence, South 70° 31' 54" West, along the northerly line of
567	560		said subdivision, 2,969.99 feet to a point for the southwest corner
568	561		of said subdivision;
569	562		Thence, South 08° 34' 04" East, along the westerly line of
570	563		said subdivision, 2,230.57 feet to a point for a westerly corner of
571	564		said China Grove Village subdivision;
572	565		Thence, North 66° 32' 35" East, along a southerly line of said
573	566		subdivision, 1,755.56 feet to a point for a westerly corner of said
574	567		China Grove Village subdivision;
575	568		Thence, South 48° 05' 50" East, along a westerly line of said
576	569		subdivision, 422.03 feet to a point for the north corner of that
577	570		certain called 9.987 acre tract conveyed to Leslie Barnard and
578	571		David Clark by an instrument of record in File Number 2001-072414,
579	572		M.C.O.P.R.R.P., said 9.987 acre tract being a portion of that
580	573		certain called 88.020 acre tract previously conveyed to Bridges
581	574		Browder by an instrument of record in Volume 864, Page 634,
582	575		M.C.D.R.;
583	576		Thence, South 68° 24' 57" West, along the northerly lines of
584	577		said 9.987 acre tract and said 88.020 acre tract, 3,697.10 feet to a
585	578		point for the northwest corner of said 88.020 acre tract, said point
586	579		being on the centerline of McRae Creek;
587	580		Thence, in a southeasterly direction along the meanders of
588	581		said McRae Creek, and along the westerly lines of said 88.020 acre
589	582		tract, that certain called 12.8773 acre tract conveyed to Robert E.
590	583		Maddux, Jr by an instrument of record in File Number's 9630828, and
591	584		2000003219, M.C.O.P.R.R.P., that certain called 10.047 acre tract
592	585		conveyed to Donald Ray Land by an instrument of record in File
593	586		Number 9842784, M.C.O.P.R.R.P., that certain called 10.006 acre
594	587		tract conveyed to Clara Marie Hubbard by an instrument of record in
595	588		File Number 8917166, M.C.O.P.R.R.P., the following twenty-nine
596	589		(29) courses:
597	590		1. South 38° 15' 14" East, 127.00 feet to a point for corner;
598	591		2. South 52° 49' 14" East, 160.00 feet to a point for corner;
599	592		3. South 56° 29' 14" East, 638.00 feet to a point for corner;
600	593		4. South 76° 01' 26" East, 41.31 feet to a point for corner;
601	594		5. South 81° 37' 25" East, 109.28 feet to a point for corner;
602	595		6. North 82° 25' 45" East, 40.10 feet to a point for corner;
603	596		7. South 43° 03' 05" East, 18.75 feet to a point for corner;
604	597		8. North 75° 43' 25" East, 23.22 feet to a point for corner;
605	598		9. South 70° 02' 32" East, 28.26 feet to a point for corner;
606	599		10. North 59° 07' 46" East, 22.66 feet to a point for corner;
607	600		11. North 75° 25' 53" East, 102.84 feet to a point for
608	601		corner;
609	602		12. South 45° 17' 12" East, 21.89 feet to a point for corner;
610	603		13. North 66° 34' 38" East, 132.45 feet to a point for
611	604		corner;
612	605		14. North 50° 38' 54" East, 29.31 feet to a point for corner;
613	606		15. North 80° 37' 10" East, 36.26 feet to a point for corner;
614	607		16. South 65° 43' 01" East, 20.54 feet to a point for corner;
615	608		17. North 61° 25' 31" East, 56.69 feet to a point for corner;
616	609		18. North 81° 36' 09" East, 53.41 feet to a point for corner;
617	610		19. South 88° 44' 40" East, 53.93 feet to a point for corner;
618	611		20. South 43° 08' 29" East, 59.04 feet to a point for corner;
619	612		21. South 15° 47' 03" West, 20.66 feet to a point for corner;
620	613		22. South 53° 17' 33" East, 68.04 feet to a point for corner;
621	614		23. South 16° 19' 48" East, 31.21 feet to a point for corner;
622	615		24. South 10° 16' 18" East, 128.38 feet to a point for
623	616		corner;
624	617		25. South 05° 24' 00" East, 206.69 feet to a point for
625	618		corner;
626	619		26. South 22° 03' 14" East, 196.00 feet to a point for
627	620		corner;
628	621		27. South 32° 42' 57" East, 244.95 feet to a point for
629	622		corner;
630	623		28. South 18° 27' 15" East, 168.50 feet to a point for
631	624		corner;
632	625		29. South 25° 10' 15" East, 249.85 feet to a point for the
633	626		southwest corner of said 10.006 acre tract;
634	627		Thence, North 66° 53' 11" East, along the south line of said
635	628		10.006 acre tract, 673.49 feet to a point for corner;
636	629		Thence, South 33° 06' 27" East, 2,484.77 feet to a point for
637	630		corner, being the northeast corner of that certain called 94.44
638	631		acre tract (described as Tract 1) conveyed to Clayton T. McCrorey by
639	632		an instrument of record in File Number 2004-016847, M.C.O.P.R.R.P.,
640	633		said point being on the southeasterly line of the aforementioned
641	634		Jose Maria De La Garza Survey;
642	635		Thence, South 61° 30' 23" West, along the southeasterly line
643	636		of said Jose Maria De La Garza Survey and the northwesterly lines of
644	637		the aforementioned Cyrus Dikeman Survey, Abstract Number 179, the
645	638		Evelin Woodford Survey, Abstract Number 620, and the Jackson Crouch
646	639		Survey, Abstract Number 130 of said Montgomery County, Texas,
647	640		15,128.47 feet to the POINT OF BEGINNING and containing 3,310.992
648	641		acres of land.
649	642		PART TWO (Part II, Tract 8)
650	643		BEGINNING at the east corner of the aforementioned Cyrus
651	644		Dikeman Survey, same being the southeast corner of the
652	645		aforementioned 100 acre tract described as Part II, Tract 8 in the
653	646		instrument of record in File Number 9509573, M.C.O.P.R.R.P. as
654	647		described in Volume 362, Page 183, M.C.D.R, same being the south
655	648		corner of that certain called 157.5 acre tract described in Volume
656	649		323, Page 396, M.C.D.R.;
657	650		Thence, South 41° 48' 06" West, along the southeasterly line
658	651		of said 100 acre tract, 1,666.67 (called 600 varas) to the south
659	652		corner of herein described tract, same being the east corner of that
660	653		certain called 100 acre tract described in Volume 284, Page 338,
661	654		M.C.D.R.;
662	655		Thence, North 48° 11' 54" West, along the northeasterly line
663	656		of that certain called 99.98 acre tract described in File Number
664	657		9811049, M.C.O.P.R.R.P., (said 99.98 acre tract being a portion of
665	658		said 100 acre tract described in Volume 284, Page 338, M.C.D.R.),
666	659		2,638.89 feet (called 950 varas) to the west corner of the herein
667	660		described tract, the north corner of said 99.98 acre tract, and on
668	661		the southeasterly line of that certain called 94.44 acre tract
669	662		(tract 1) described in File Number 2004-016847, M.C.O.P.R.R.P.;
670	663		Thence, North 41° 48' 06" East, along the southeasterly line
671	664		of said 94.44 acre tract, 1,666.67 (called 600 varas) to the north
672	665		corner of the herein described tract;
673	666		Thence, South 48° 11' 54" East, 2,638.89 feet (called 950
674	667		varas) to the POINT OF BEGINNING and containing 100.968 acres of
675	668		land.
676	669		Said Part 1 (3,310.992 acres) and Part 2 (100.968 acres)
677	670		containing a total of 3,411.960 acres of land.
678	671		SECTION 3. (a) The legal notice of the intention to
679	672		introduce this Act, setting forth the general substance of this
680	673		Act, has been published as provided by law, and the notice and a
681	674		copy of this Act have been furnished to all persons, agencies,
682	675		officials, or entities to which they are required to be furnished
683	676		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
684	677		Government Code.
685	678		(b) The governor, one of the required recipients, has
686	679		submitted the notice and Act to the Texas Commission on
687	680		Environmental Quality.
688	681		(c) The Texas Commission on Environmental Quality has filed
689	682		its recommendations relating to this Act with the governor, the
690	683		lieutenant governor, and the speaker of the house of
691	684		representatives within the required time.
692	685		(d) All requirements of the constitution and laws of this
693	686		state and the rules and procedures of the legislature with respect
694	687		to the notice, introduction, and passage of this Act are fulfilled
695	688		and accomplished.
696	689		SECTION 4. (a) If this Act does not receive a two-thirds
697	690		vote of all the members elected to each house, Subchapter C, Chapter
698	691		7926, Special District Local Laws Code, as added by Section 1 of
699	692		this Act, is amended by adding Section 7926.107 to read as follows:
700	693		Sec. 7926.107. NO EMINENT DOMAIN POWER. The district may
701	694		not exercise the power of eminent domain.
702	695		(b) This section is not intended to be an expression of a
703	696		legislative interpretation of the requirements of Section 17(c),
704	697		Article I, Texas Constitution.
705	698		SECTION 5. This Act takes effect September 1, 2015.
706		-	* * * * *
	699	+	______________________________ ______________________________
	700	+	President of the Senate Speaker of the House
	701	+	I certify that H.B. No. 4127 was passed by the House on April
	702	+	23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	703	+	voting.
	704	+	______________________________
	705	+	Chief Clerk of the House
	706	+	I certify that H.B. No. 4127 was passed by the Senate on May
	707	+	20, 2015, by the following vote: Yeas 30, Nays 1.
	708	+	______________________________
	709	+	Secretary of the Senate
	710	+	APPROVED: _____________________
	711	+	Date
	712	+	_____________________
	713	+	Governor