Texas 2015 - 84th Regular

Texas House Bill HB4153 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bell (Senate Sponsor - Creighton) H.B. No. 4153
2		-	(In the Senate - Received from the House May 13, 2015;
3		-	May 13, 2015, read first time and referred to Committee on
4		-	Administration; May 14, 2015, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; May 14, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4153
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	HancockX
12		-	UrestiX
13		-	CampbellX
14		-	EltifeX
15		-	HuffinesX
16		-	SchwertnerX
17		-	WestX
18		-	A BILL TO BE ENTITLED
19		-	AN ACT
20	4		relating to the creation of the Montgomery-Grimes Counties
21	5		Municipal Utility District No. 146; granting a limited power of
22	6		eminent domain; providing authority to issue bonds; providing
23	7		authority to impose assessments, fees, and taxes.
24	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
25	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
26	10		Code, is amended by adding Chapter 7906 to read as follows:
27	11		CHAPTER 7906. MONTGOMERY-GRIMES COUNTIES MUNICIPAL UTILITY
28	12		DISTRICT NO. 146
29	13		SUBCHAPTER A. GENERAL PROVISIONS
30	14		Sec. 7906.001. DEFINITIONS. In this chapter:
31	15		(1) "Board" means the district's board of directors.
32	16		(2) "Commission" means the Texas Commission on
33	17		Environmental Quality.
34	18		(3) "Director" means a board member.
35	19		(4) "District" means the Montgomery-Grimes Counties
36	20		Municipal Utility District No. 146.
37	21		Sec. 7906.002. NATURE OF DISTRICT. The district is a
38	22		municipal utility district created under Section 59, Article XVI,
39	23		Texas Constitution.
40	24		Sec. 7906.003. CONFIRMATION AND DIRECTORS' ELECTION
41	25		REQUIRED. The temporary directors shall hold an election to
42	26		confirm the creation of the district and to elect five permanent
43	27		directors as provided by Section 49.102, Water Code.
44	28		Sec. 7906.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
45	29		temporary directors may not hold an election under Section 7906.003
46	30		until each municipality in whose corporate limits or
47	31		extraterritorial jurisdiction the district is located has
48	32		consented by ordinance or resolution to the creation of the
49	33		district and to the inclusion of land in the district.
50	34		(b) Municipal consent to the creation of the district and to
51	35		the inclusion of land in the district granted under this section
52	36		acts as municipal consent to the creation of any new district
53	37		created by the division of the district and to the inclusion of land
54	38		in the new district.
55	39		Sec. 7906.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
56	40		The district is created to serve a public purpose and benefit.
57	41		(b) The district is created to accomplish the purposes of:
58	42		(1) a municipal utility district as provided by
59	43		general law and Section 59, Article XVI, Texas Constitution; and
60	44		(2) Section 52, Article III, Texas Constitution, that
61	45		relate to the construction, acquisition, improvement, operation,
62	46		or maintenance of macadamized, graveled, or paved roads, or
63	47		improvements, including storm drainage, in aid of those roads.
64	48		Sec. 7906.006. INITIAL DISTRICT TERRITORY. (a) The
65	49		district is initially composed of the territory described by
66	50		Section 2 of the Act enacting this chapter.
67	51		(b) The boundaries and field notes contained in Section 2 of
68	52		the Act enacting this chapter form a closure. A mistake made in the
69	53		field notes or in copying the field notes in the legislative process
70	54		does not affect the district's:
71	55		(1) organization, existence, or validity;
72	56		(2) right to issue any type of bond for the purposes
73	57		for which the district is created or to pay the principal of and
74	58		interest on a bond;
75	59		(3) right to impose a tax; or
76	60		(4) legality or operation.
77	61		SUBCHAPTER B. BOARD OF DIRECTORS
78	62		Sec. 7906.051. GOVERNING BODY; TERMS. (a) The district is
79	63		governed by a board of five elected directors.
80	64		(b) Except as provided by Section 7906.052, directors serve
81	65		staggered four-year terms.
82	66		Sec. 7906.052. TEMPORARY DIRECTORS. (a) On or after
83	67		September 1, 2015, the owner or owners of a majority of the assessed
84	68		value of the real property in the district may submit a petition to
85	69		the commission requesting that the commission appoint as temporary
86	70		directors the five persons named in the petition. The commission
87	71		shall appoint as temporary directors the five persons named in the
88	72		petition.
89	73		(b) Temporary directors serve until the earlier of:
90	74		(1) the date permanent directors are elected under
91	75		Section 7906.003; or
92	76		(2) September 1, 2019.
93	77		(c) If permanent directors have not been elected under
94	78		Section 7906.003 and the terms of the temporary directors have
95	79		expired, successor temporary directors shall be appointed or
96	80		reappointed as provided by Subsection (d) to serve terms that
97	81		expire on the earlier of:
98	82		(1) the date permanent directors are elected under
99	83		Section 7906.003; or
100	84		(2) the fourth anniversary of the date of the
101	85		appointment or reappointment.
102	86		(d) If Subsection (c) applies, the owner or owners of a
103	87		majority of the assessed value of the real property in the district
104	88		may submit a petition to the commission requesting that the
105	89		commission appoint as successor temporary directors the five
106	90		persons named in the petition. The commission shall appoint as
107	91		successor temporary directors the five persons named in the
108	92		petition.
109	93		SUBCHAPTER C. POWERS AND DUTIES
110	94		Sec. 7906.101. GENERAL POWERS AND DUTIES. The district has
111	95		the powers and duties necessary to accomplish the purposes for
112	96		which the district is created.
113	97		Sec. 7906.102. MUNICIPAL UTILITY DISTRICT POWERS AND
114	98		DUTIES. The district has the powers and duties provided by the
115	99		general law of this state, including Chapters 49 and 54, Water Code,
116	100		applicable to municipal utility districts created under Section 59,
117	101		Article XVI, Texas Constitution.
118	102		Sec. 7906.103. AUTHORITY FOR ROAD PROJECTS. Under Section
119	103		52, Article III, Texas Constitution, the district may design,
120	104		acquire, construct, finance, issue bonds for, improve, operate,
121	105		maintain, and convey to this state, a county, or a municipality for
122	106		operation and maintenance macadamized, graveled, or paved roads, or
123	107		improvements, including storm drainage, in aid of those roads.
124	108		Sec. 7906.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
125	109		project must meet all applicable construction standards, zoning and
126	110		subdivision requirements, and regulations of each municipality in
127	111		whose corporate limits or extraterritorial jurisdiction the road
128	112		project is located.
129	113		(b) If a road project is not located in the corporate limits
130	114		or extraterritorial jurisdiction of a municipality, the road
131	115		project must meet all applicable construction standards,
132	116		subdivision requirements, and regulations of each county in which
133	117		the road project is located.
134	118		(c) If the state will maintain and operate the road, the
135	119		Texas Transportation Commission must approve the plans and
136	120		specifications of the road project.
137	121		Sec. 7906.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
138	122		OR RESOLUTION. (a) The district shall comply with all applicable
139	123		requirements of any ordinance or resolution that is adopted under
140	124		Section 54.016 or 54.0165, Water Code, and that consents to the
141	125		creation of the district or to the inclusion of land in the
142	126		district.
143	127		(b) Section 54.016(f), Water Code, does not apply to the
144	128		district.
145	129		Sec. 7906.106. DIVISION OF DISTRICT. (a) The district may
146	130		be divided into two or more new districts only if the district:
147	131		(1) has no outstanding bonded debt; and
148	132		(2) is not imposing ad valorem taxes.
149	133		(b) This chapter applies to any new district created by the
150	134		division of the district, and a new district has all the powers and
151	135		duties of the district.
152	136		(c) Any new district created by the division of the district
153	137		may not, at the time the new district is created, contain any land
154	138		outside the area described by Section 2 of the Act creating this
155	139		chapter.
156	140		(d) The board, on its own motion or on receipt of a petition
157	141		signed by the owner or owners of a majority of the assessed value of
158	142		the real property in the district, may adopt an order dividing the
159	143		district.
160	144		(e) The board may adopt an order dividing the district
161	145		before or after the date the board holds an election under Section
162	146		7906.003 to confirm the creation of the district and before or after
163	147		an election under Section 7906.151 to authorize the issuance of
164	148		bonds.
165	149		(f) An order dividing the district must:
166	150		(1) name each new district;
167	151		(2) include the metes and bounds description of the
168	152		territory of each new district;
169	153		(3) appoint temporary directors for each new district;
170	154		and
171	155		(4) provide for the division of assets and liabilities
172	156		between or among the new districts.
173	157		(g) On or before the 30th day after the date of adoption of
174	158		an order dividing the district, the district shall file the order
175	159		with the commission and record the order in the real property
176	160		records of each county in which the district is located.
177	161		(h) Any new district created by the division of the district
178	162		shall hold a confirmation and directors' election as required by
179	163		Section 7906.003.
180	164		(i) Any new district created by the division of the district
181	165		must hold an election as required by this chapter to obtain voter
182	166		approval before the district may impose a maintenance tax or issue
183	167		bonds payable wholly or partly from ad valorem taxes.
184	168		(j) If the creation of the new district is confirmed, the
185	169		new district shall provide the election date and results to the
186	170		commission.
187	171		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
188	172		Sec. 7906.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
189	173		district may issue, without an election, bonds and other
190	174		obligations secured by:
191	175		(1) revenue other than ad valorem taxes; or
192	176		(2) contract payments described by Section 7906.153.
193	177		(b) The district must hold an election in the manner
194	178		provided by Chapters 49 and 54, Water Code, to obtain voter approval
195	179		before the district may impose an ad valorem tax or issue bonds
196	180		payable from ad valorem taxes.
197	181		(c) The district may not issue bonds payable from ad valorem
198	182		taxes to finance a road project unless the issuance is approved by a
199	183		vote of a two-thirds majority of the district voters voting at an
200	184		election held for that purpose.
201	185		Sec. 7906.152. OPERATION AND MAINTENANCE TAX. (a) If
202	186		authorized at an election held under Section 7906.151, the district
203	187		may impose an operation and maintenance tax on taxable property in
204	188		the district in accordance with Section 49.107, Water Code.
205	189		(b) The board shall determine the tax rate. The rate may not
206	190		exceed the rate approved at the election.
207	191		Sec. 7906.153. CONTRACT TAXES. (a) In accordance with
208	192		Section 49.108, Water Code, the district may impose a tax other than
209	193		an operation and maintenance tax and use the revenue derived from
210	194		the tax to make payments under a contract after the provisions of
211	195		the contract have been approved by a majority of the district voters
212	196		voting at an election held for that purpose.
213	197		(b) A contract approved by the district voters may contain a
214	198		provision stating that the contract may be modified or amended by
215	199		the board without further voter approval.
216	200		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
217	201		Sec. 7906.201. AUTHORITY TO ISSUE BONDS AND OTHER
218	202		OBLIGATIONS. The district may issue bonds or other obligations
219	203		payable wholly or partly from ad valorem taxes, impact fees,
220	204		revenue, contract payments, grants, or other district money, or any
221	205		combination of those sources, to pay for any authorized district
222	206		purpose.
223	207		Sec. 7906.202. TAXES FOR BONDS. At the time the district
224	208		issues bonds payable wholly or partly from ad valorem taxes, the
225	209		board shall provide for the annual imposition of a continuing
226	210		direct ad valorem tax, without limit as to rate or amount, while all
227	211		or part of the bonds are outstanding as required and in the manner
228	212		provided by Sections 54.601 and 54.602, Water Code.
229	213		Sec. 7906.203. BONDS FOR ROAD PROJECTS. At the time of
230	214		issuance, the total principal amount of bonds or other obligations
231	215		issued or incurred to finance road projects and payable from ad
232	216		valorem taxes may not exceed one-fourth of the assessed value of the
233	217		real property in the district.
234	218		SECTION 2. The Montgomery-Grimes Counties Municipal
235	219		Utility District No. 146 initially includes all the territory
236	220		contained in the following area:
237	221		428.212 Acres
238	222		Joseph G. Ferguson Survey, A-221
239	223		Montgomery County, Texas
240	224		Being 428.212 acres of land situated in the Joseph G. Ferguson
241	225		Survey, A-221, Montgomery County, Texas, and being out of a
242	226		residual of a certain 1936.077 acres of land as described in deed
243	227		recorded under County Clerk's File No. 2007-037712 of the Real
244	228		Property Records of Montgomery County, Texas, said 428.212 acres of
245	229		land being more particularly described by metes and bounds as
246	230		follows:
247	231		BEGINNING at a concrete monument found in the west line of F.M.
248	232		1486, a 110 foot right-of-way, for the southeast corner of Blake
249	233		Ranch as described in deed recorded under County Clerk's File
250	234		No. 9366055 of the Real Property Records of Montgomery County,
251	235		Texas, same being the northeast corner and POINT OF BEGINNING of
252	236		the herein described tract;
253	237		THENCE South 02 degrees 33 minutes 01 seconds East, along the west
254	238		line of said F.M. 1486 and the east boundary line of the said
255	239		1936.077 acres of land, same being the east boundary line of the
256	240		herein described tract, a distance of 2677.01 feet to a 5/8 inch
257	241		iron rod with survey cap (Moyer) set for the northeast corner of Lot
258	242		1, Block 8, Crown Ranch Section One Amending Plat No. 1, according
259	243		to the map or plat thereof recorded in Cabinet Z, Sheets 755 thru
260	244		759 of the Map Records of Montgomery County, Texas, and the
261	245		southeast corner of the herein described tract;
262	246		THENCE North 85 degrees 35 minutes 50 seconds West, along the north
263	247		boundary line of Lots 1, 2, 3, and 4, Block 8, of said Crown Ranch
264	248		and the southerly boundary line of the herein described tract, a
265	249		distance of 1128.30 feet to a 5/8 inch iron rod with survey cap
266	250		(Moyer) set for an angle point;
267	251		THENCE South 59 degrees 34 minutes 02 seconds West, continuing
268	252		along the north boundary line of said Lot 4 and the north boundary
269	253		line of Lots 5 and 6, Block 8 of said Crown Ranch and continuing
270	254		along the south boundary line of the herein described tract, a
271	255		distance of 635.56 feet to a 5/8 inch iron rod with survey cap
272	256		(Moyer) set for the northwest corner of said Lot 6 and a southerly
273	257		corner of the herein described tract;
274	258		THENCE in a southeasterly direction along the west boundary line of
275	259		said Lot 6 and a southerly boundary line of the herein described
276	260		tract along a non-tangent curve to the left having as its elements:
277	261		a radius of 616.14 feet, a central angle of 37 degrees 40 minutes 18
278	262		seconds, an arc length of 405.11 feet, and a chord bearing of South
279	263		23 degrees 38 minutes 52 seconds East, a distance of 397.85 feet to
280	264		a 5/8 inch iron rod with survey cap (Moyer) set in the north line of
281	265		Crown Ranch Boulevard (a northwesterly cut-back corner) for the
282	266		southwest corner of said Lot 6 and a southerly corner of the herein
283	267		described tract;
284	268		THENCE South 37 degrees 53 minutes 49 seconds West, continuing
285	269		along the northwesterly line of said Crown Ranch Boulevard and the
286	270		southerly boundary line of the herein described tract, a distance
287	271		of 60.78 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
288	272		the most easterly southeast corner of Restricted Reserve "F" of
289	273		said Crown Ranch and a southerly corner of the herein described
290	274		tract;
291	275		THENCE in a northwesterly direction along the northeast boundary
292	276		line of said Restricted Reserve "F" and continuing along the
293	277		southerly boundary line of the herein described tract along a
294	278		non-tangent curve to the right having as its elements: a radius of
295	279		676.14 feet, a central angle of 27 degrees 37 minutes 46 seconds, an
296	280		arc length of 326.05 feet, and a chord bearing of North 29 degrees
297	281		31 minutes 46 seconds West, a distance of 322.90 feet to a 5/8 inch
298	282		iron rod with survey cap (Moyer) set for the northeast corner of
299	283		said Restricted Reserve "F" and a southerly corner of the herein
300	284		described tract;
301	285		THENCE South 59 degrees 34 minutes 02 seconds West, along the north
302	286		boundary line of said Restricted Reserve "F" and continuing along
303	287		the southerly boundary line of the herein described tract, a
304	288		distance of 657.92 feet to a 5/8 inch iron rod with survey cap
305	289		(Moyer) set for the northwest corner of said Restricted Reserve "F"
306	290		and a southerly corner of the herein described tract;
307	291		THENCE South 14 degrees 38 minutes 43 seconds West, along the west
308	292		boundary line of said Restricted Reserve "F" and continuing along
309	293		the southerly boundary line of the herein described tract, a
310	294		distance of 243.59 feet to a 5/8 inch iron rod with survey cap
311	295		(Moyer) set for an angle point;
312	296		THENCE South 02 degrees 30 minutes 07 seconds East, continuing
313	297		along the west boundary line of said Restricted Reserve "F" and the
314	298		southerly boundary line of the herein described tract, a distance
315	299		of 89.62 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
316	300		the north line of said Crown Ranch Boulevard for the southwest
317	301		corner of said Restricted Reserve "F" and a southerly corner of the
318	302		herein described tract;
319	303		THENCE South 87 degrees 29 minutes 53 seconds West, along the north
320	304		line of said Crown Ranch Boulevard and continuing along the
321	305		southerly boundary line of the herein described tract, a distance
322	306		of 850.45 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
323	307		the southeast corner of Lot 1, Block 7, of said Crown Ranch and a
324	308		southerly corner of the herein described tract;
325	309		THENCE North 02 degrees 30 minutes 07 seconds West, along the east
326	310		boundary line of said Lot 1, Block 7 and continuing along the
327	311		southerly boundary line of the herein described tract, a distance
328	312		of 405.55 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
329	313		the northeast corner of said Lot 1, Block 7 and a southerly corner
330	314		of the herein described tract;
331	315		THENCE South 87 degrees 29 minutes 53 seconds West, along the north
332	316		boundary line of Lots 1 and 2, Block 7 and continuing along the
333	317		southerly boundary line of the herein described tract, a distance
334	318		of 383.12 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
335	319		the northwest corner of said Lot 2, Block 7 and a southerly corner
336	320		of the herein described tract;
337	321		THENCE South 02 degrees 30 minutes 07 seconds East, along the west
338	322		boundary line of said Lot 2 and continuing along the southerly
339	323		boundary line of the herein described tract, a distance of 380.55
340	324		feet to a 5/8 inch iron rod with survey cap (Moyer) set in the north
341	325		line of said Crown Ranch Boulevard for the southwest corner of said
342	326		Lot 2 and a southerly corner of the herein described tract;
343	327		THENCE South 87 degrees 29 minutes 53 seconds West, along the north
344	328		line of said Crown Ranch Boulevard and continuing along the
345	329		southerly boundary line of the herein described tract, a distance
346	330		of 60.00 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
347	331		the southeast corner of Lot 1, Block 6 of said Crown Ranch and a
348	332		southerly corner of the herein described tract;
349	333		THENCE North 02 degrees 30 minutes 07 seconds West, along the east
350	334		boundary line of said a Lot 1, Block 6 and continuing along the
351	335		southerly boundary line of the herein described tract, a distance
352	336		of 380.55 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
353	337		the northeast corner of said Lot 1, Block 6 and a southerly corner
354	338		of the herein described tract;
355	339		THENCE South 87 degrees 29 minutes 53 second West, along the north
356	340		boundary lines of Lots 1, 2, 3, 4, and 5, Block 6 of said Crown Ranch
357	341		Section One and continuing along the southerly boundary line of the
358	342		herein described tract, a distance of 865.08 feet to a 5/8 inch iron
359	343		rod with survey cap (Moyer) set for the northeast corner of Lot 1,
360	344		Block 5, of said Crown Ranch and a southerly angle point of the
361	345		herein described tract;
362	346		THENCE North 59 degrees 17 minutes 57 seconds West, along the
363	347		northeast boundary line of Lots 1, 2, and 3, Block 5 of said Crown
364	348		Ranch and along the southwesterly boundary line of the herein
365	349		described tract, a distance of 451.13 feet to a 5/8 inch iron rod
366	350		with survey cap (Moyer) set for the common corner of Lots 3 and 4,
367	351		Block 5 of said Crown Ranch and an angle point of the herein
368	352		described tract;
369	353		THENCE North 47 degrees 07 minutes 57 seconds West, along the
370	354		northeast boundary line of Lots 4 and 5, Block 5 of said Crown Ranch
371	355		and continuing along the southwesterly boundary line of the herein
372	356		described tract, a distance of 298.12 feet to a 5/8 inch iron rod
373	357		with survey cap (Moyer) set for the common corner of Lots 5 and 6,
374	358		Block 5 of said Crown Ranch and an angle point of the herein
375	359		described tract;
376	360		THENCE North 37 degrees 48 minutes 49 seconds West, along the
377	361		northeast boundary line of Lots 6, 7, 8, 9, and 10, Block 5, of said
378	362		Crown Ranch and continuing along the southwesterly boundary line of
379	363		the herein described tract, a distance of 901.31 feet to a 5/8 inch
380	364		iron rod with survey cap (Moyer) set in a curve for the north corner
381	365		of said Lot 10 common to a southerly corner of the herein described
382	366		tract;
383	367		THENCE in a southwesterly direction along the northwest boundary
384	368		line of said Lot 10 and continuing along the southwesterly boundary
385	369		line of the herein described tract along a non-tangent curve to the
386	370		right having as its elements: a radius of 1030.00 feet, a central
387	371		angle of 01 degrees 09 minutes 44 seconds, an arc length of 20.90
388	372		feet, and a chord bearing of South 51 degrees 36 minutes 18 seconds
389	373		West, a distance of 20.89 feet to a 5/8 inch iron rod with survey cap
390	374		(Moyer) set for the end of the curve;
391	375		THENCE South 52 degrees 11 minutes 11 seconds West, continuing
392	376		along the northwest boundary line of said Lot 10 and continuing
393	377		along the southwesterly boundary line of the herein described
394	378		tract, a distance of 332.11 feet to a 5/8 inch iron rod with survey
395	379		cap (Moyer) set in the northeast line of Crown Ranch Boulevard, a 60
396	380		foot private right-of-way, for the southwest corner of said Lot 10,
397	381		same being a southerly corner of the herein described tract;
398	382		THENCE North 37 degrees 48 minutes 49 seconds West, along the
399	383		northeast line of said Crown Ranch Boulevard and continuing along
400	384		the southwesterly boundary line of the herein described tract, a
401	385		distance of 60.00 feet to a 5/8 inch iron rod with survey cap
402	386		(Moyer) set for the southeast corner of Lot 1, Block 4, of said
403	387		Crown Ranch Section One and a southerly corner of the herein
404	388		described tract;
405	389		THENCE North 52 degrees 11 minutes 10 seconds East, along the
406	390		southeast boundary line of said Lot 1 and continuing along the
407	391		southwesterly boundary line of the herein described tract, a
408	392		distance of 332.11 feet to a 5/8 inch iron rod with survey cap for
409	393		the beginning of a curve;
410	394		THENCE in a northeasterly direction continuing along the southeast
411	395		boundary line of said Lot 1 and continuing along the southwesterly
412	396		boundary line of the herein described tract along a curve to the
413	397		left having as its elements: a radius of 970.00 feet, a central
414	398		angle of 01 degrees 11 minutes 13 seconds, an arc length of 20.09
415	399		feet, and a chord bearing of North 51 degrees 35 minutes 34 seconds
416	400		East, a distance of 20.09 feet to a 5/8 inch iron rod with survey cap
417	401		(Moyer) set for the northeast corner of said Lot 1 and a southerly
418	402		corner of the herein described tract;
419	403		THENCE North 43 degrees 36 minutes 42 seconds West, along the
420	404		northeast boundary line of Lots 1, 2, and 3, Block 4 of said Crown
421	405		Ranch, and continuing along the southwesterly boundary line of the
422	406		herein described tract, a distance of 552.90 feet to a 5/8 inch iron
423	407		rod with survey cap (Moyer) set for an angle point;
424	408		THENCE North 58 degrees 26 minutes 29 seconds West, along the
425	409		northeast boundary line of said Lots 3, 4, 5, and 6, Block 4, of said
426	410		Crown Ranch and continuing along the southwesterly boundary line of
427	411		the herein described tract, a distance of 561.07 feet to a 5/8 inch
428	412		iron rod with survey cap (Moyer) set for an angle point;
429	413		THENCE North 73 degrees 22 minutes 49 seconds West, along the
430	414		northeast boundary line of Lots 6, 7, 8, and Restricted Reserve "E",
431	415		Block 4 of said Crown Ranch, and the southwesterly boundary line of
432	416		the herein described tract, a distance of 561.07 feet to a 5/8 inch
433	417		iron rod with survey cap (Moyer) set for an angle point;
434	418		THENCE North 87 degrees 16 minutes 13 seconds West, along the north
435	419		boundary line of Restricted Reserve "E" and Lot 9, Block 4, of said
436	420		Crown Ranch and continuing along the southwesterly boundary line
437	421		of the herein described tract, a distance of 247.65 feet to a point
438	422		for the southeast corner of Restricted Reserve "G" of Crown Ranch
439	423		Section Three, according to the map or plat thereof recorded in
440	424		Cabinet Z, Sheet 1208 of the Map Records of Montgomery County, Texas
441	425		and a northwest corner of the herein described tract;
442	426		THENCE North 27 degrees 21 minutes 07 seconds East, along the east
443	427		boundary line of said Restricted Reserve "G", southeast boundary
444	428		line of said Lot 35 and the northwest boundary line of the herein
445	429		described tract, a distance of 164.86 feet to a point for the most
446	430		easterly southeast corner of said Lot 35 and an interior
447	431		northwesterly corner of the herein described tract;
448	432		THENCE North 65 degrees 26 minutes 22 seconds West, along the
449	433		northeast boundary line of Lot 35, Block 2, of said Crown Ranch
450	434		Section Three, and continuing along the northwest boundary line of
451	435		the herein described tract, a distance of 188.65 feet to an angle
452	436		point;
453	437		THENCE North 40 degrees 41 minutes 22 seconds West, continuing
454	438		along the northeast boundary line of said Lot 35 and the east
455	439		boundary line of Lot 34 and 33, Block 2, of said Crown Ranch Section
456	440		Three, common to the northwest boundary line of the herein
457	441		described tract, a distance of
458	442		443.41 feet to an angle point;
459	443		THENCE North 03 degrees 49 minutes 38 seconds West, along the east
460	444		boundary line of Lots 33 and 32, and Restricted Reserve "F", Block
461	445		2, of said Crown Ranch Section Three and continuing along the
462	446		northwest boundary line of the herein described tract, a distance
463	447		of 259.25 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
464	448		the common boundary line of the aforesaid Blake Ranch Property and
465	449		the 1936.077 acres of land for the northeast corner of Restricted
466	450		Reserve "F" of said Crown Ranch Section Three, and the northwest
467	451		corner of the herein described tract;
468	452		THENCE North 86 degrees 10 minutes 23 seconds East, along the said
469	453		common boundary line and the north boundary line of the herein
470	454		described tract, a distance of 7650.14 feet to the POINT OF
471	455		BEGINNING and containing 428.212 acres of land.
472	456		Job No. 11014-B
473	457		Job No. 10080
474	458		1929.279 Acres
475	459		Joseph G. Ferguson Survey, A-227; Charles Weaver Survey, A-624;
476	460		Alexander Robblis Survey, A-464; Robert Elgin Survey, A-199
477	461		Montgomery County, Texas
478	462		Alexander Robblis Survey, A-400; Charles Weaver Survey, A-482;
479	463		P.G. Moffitt Survey, A-330; E.T. Estis Survey, A-194
480	464		William R. Wheelis Survey, A-481
481	465		Grimes County, Texas
482	466		Being 1929.279 acres of land situated in the Josepgh G. Ferguson
483	467		Survey, A-227; the Charles Weaver Susrvey, A-624; the Alexander
484	468		Robblis Survey, A-464; and the Robert Elgin Survey, A-199,
485	469		Montgomery County, Texas, and situated in the Alexander Robblis
486	470		Survey, A-400; the Charles Weaver Survey, A-482; the P.G. Moffitt
487	471		Survey, A-330; and the E.T. Estis Survey, A-194, Grimes County,
488	472		Texas, and being 1988.459 acres of land save and except 59.180 acres
489	473		of land, said 1929.279 acres of land being more particularly
490	474		described by metes and bounds as follows:
491	475		BEGINNING at a 5/8 inch iron rod with survey cap set in the west line
492	476		of F.M. 1486, a 110 foot right of way per Tx Dot ROW Map R-1416-3-1
493	477		February 22, 1960, for the southeast corner of Crown Ranch Section
494	478		One, according to the map or plat thereof recorded in Cabinet Z,
495	479		Sheets 755 thru 759 of the Map Records of Montgomery County, Texas,
496	480		and the northeast corner of a certain 1,675.016 acres of land
497	481		(Parcel N7395-C2) as described in deed recorded in Volume 849, Page
498	482		205 of the Deed Records of Grimes County, Texas, and under County
499	483		Clerk's File No. 968009 of the Real Property Records of Montgomery
500	484		County, Texas, same being the northeast corner and POINT OF
501	485		BEGINNING of the herein described tract;
502	486		THENCE South 02 degrees 43 minutes 16 seconds East, along the west
503	487		line of said F.M. 1486 and the common east boundary line of the said
504	488		1,675.016 acres of land and the herein described tract, a distance
505	489		of 5,114.36 feet to a 5/8 inch iron rod with survey cap (Burgess)
506	490		found for the southeast corner of the herein described tract;
507	491		THENCE South 87 degrees 31 minutes 55 seconds West along the common
508	492		south boundary line of the said 1675.016 acres of land and the
509	493		herein described tract, passing at 10,209.67 feet, a 3 inch brass
510	494		disc in concrete stamped Moyer Surveying 5656 Grimes and Montgomery
511	495		County Line, continuing in all a distance of 12,654.87 feet to a 5/8
512	496		inch iron rod with survey cap (Burgess) found in the east boundary
513	497		line of a certain 16.0 acres of land as described in deed recorded
514	498		in Volume 362, Page 558 of the Deed Records of Grimes County, Texas,
515	499		for the most southerly southwest corner of the herein described
516	500		tract;
517	501		THENCE North 03 degrees 31 minutes 33 seconds West, along the east
518	502		boundary line of the said 16.0 acres of land and continuing along
519	503		the east boundary line of a certain 49.963 acres of land as
520	504		described in deed recorded in Volume 324, Page 60 of the Deed
521	505		Records of Grimes County, Texas, same being a southwesterly
522	506		boundary line of the herein described tract, a distance of 2371.80
523	507		feet to a concrete monument found for the northeast corner of the
524	508		said 49.963 acres of land and an interior southwesterly corner of
525	509		the herein described tract from which a 1 inch iron pipe found for
526	510		reference bears South 46 degrees 26 minutes 12 seconds East, a
527	511		distance of 0.92 feet;
528	512		THENCE South 86 degrees 27 minutes 11 seconds West, along the north
529	513		boundary line of the said 49.963 acres of land and a northerly
530	514		boundary line of a certain 193.424 acres of land as described in
531	515		deed recorded in Volume 932, Page 105 of the Deed Records of Grimes
532	516		County, Texas, same being a southwesterly boundary line of the
533	517		herein described tract, a distance of 2219.95 feet to a 5/8 inch
534	518		iron rod with survey cap (Moyer) set for an interior northwesterly
535	519		corner of the said 193.424 acres of land and a southwesterly corner
536	520		of the herein described tract from which a 1 inch iron pipe found
537	521		for reference bears North 60 degrees 31 minutes 23 seconds East, a
538	522		distance of 0.55 feet;
539	523		THENCE North 03 degrees 32 minutes 32 seconds West, along a
540	524		northerly boundary line of the said 193.424 acres of land and a
541	525		southwesterly boundary line of the herein described tract, a
542	526		distance of 1245.68 feet to a 1 inch iron pipe found for a
543	527		northwesterly corner of the said 193.424 acres and an interior
544	528		westerly corner of the herein described tract;
545	529		THENCE South 86 degrees 51 minutes 46 seconds West, along the
546	530		northwest boundary line of the said 193.424 acres of land and an
547	531		interior westerly boundary line of the herein described tract, a
548	532		distance of 731.85 feet to a 1 inch iron pipe found for the
549	533		northwest corner of the said 193.424 acres of land from which a 1
550	534		inch iron pipe found for reference bears North 04 degrees 27 minutes
551	535		04 seconds West, a distance of 34.76 feet;
552	536		THENCE South 03 degrees 41 minutes 41 seconds East, along the east
553	537		boundary line of a certain 261.066 acres of land as described in
554	538		deed recorded in Volume 849, Page 205 of the Deed Records of Grimes
555	539		County, Texas, common to the west boundary line of the said 193.424
556	540		acres of land, same being an interior westerly boundary line of the
557	541		herein described tract, a distance of 2879.52 feet to a 1 inch iron
558	542		pipe found for the northeast corner of a certain 49.0 acres of land
559	543		as described in deed recorded in Volume 286, Page 737 of the Deed
560	544		Records of Grimes County, Texas, and the southeast corner of the
561	545		said 261.066 acres of land, same being a southwesterly corner of the
562	546		herein described tract;
563	547		THENCE South 86 degrees 10 minutes 28 seconds West, along the north
564	548		boundary line of the said 49.0 acres of land and the south boundary
565	549		line of the said 261.066 acres of land, same being the southwest
566	550		boundary line of the herein described tract, a distance of 1531.74
567	551		feet to a 5/8 inch iron rod with survey cap (Moyer) set in the
568	552		centerline of Mill Creek for the southeast corner of a certain 68.50
569	553		acres of land as described in deed recorded in Volume 625, Page 691
570	554		of the Deed Records of Grimes County, Texas, and the southwest
571	555		corner of the herein described tract;
572	556		THENCE in a northerly direction along the east boundary line of the
573	557		said 68.50 acres of land and a southwest boundary line of the herein
574	558		described tract along the centerline meanders of said Mill Creek
575	559		the following courses and distances:
576	560		1. North 04 deg. 01 min. 17 sec. West, a distance of 43.26 feet;
577	561		2. North 01 deg. 25 min. 10 sec. West, a distance of 298.68 feet;
578	562		3. North 05 deg. 22 min. 10 sec. West, a distance of 183.35 feet;
579	563		4. North 18 deg. 31 min. 11 sec. West, a distance of 76.10 feet;
580	564		5. North 22 deg. 46 min. 19 sec. West, a distance of 212.60 feet;
581	565		6. North 23 deg. 35 min. 43 sec. West, a distance of 114.58 feet;
582	566		7. North 34 deg. 17 min. 37 sec. West, a distance of 82.07 feet;
583	567		8. North 22 deg. 34 min. 55 sec. West, a distance of 334.57 feet;
584	568		9. North 03 deg. 41 min. 04 sec. West, a distance of 60.79 feet;
585	569		10. North 58 deg. 40 min. 35 sec. West, a distance of 98.49 feet;
586	570		11. North 66 deg. 35 min. 20 sec. West, a distance of 151.67 feet;
587	571		12. North 87 deg. 34 min. 10 sec. West, a distance of 58.50 feet;
588	572		13. North 87 deg. 53 min. 47 sec. West, a distance of 28.52 feet;
589	573		14. North 78 deg. 35 min. 48 sec. West, a distance of 42.79 feet;
590	574		15. North 64 deg. 57 min. 06 sec. West, a distance of 100.15 feet;
591	575		16. North 58 deg. 19 min. 28 sec. West, a distance of 108.07 feet;
592	576		17. North 51 deg. 08 min. 18 sec. West, a distance of 154.36 feet;
593	577		18. North 56 deg. 11 min. 55 sec. West, a distance of 47.73 feet;
594	578		19. North 41 deg. 02 min. 54 sec. West, a distance of 48.93 feet;
595	579		20. North 26 deg. 22 min. 46 sec. West, a distance of 70.52 feet;
596	580		21. North 18 deg. 55 min. 33 sec. West, a distance of 115.55 feet
597	581		to a point for the northeasterly corner of the said 68.50 acres of
598	582		land and an interior southwesterly corner of the herein described
599	583		tract;
600	584		THENCE South 87 degrees 41 minutes 36 seconds West, along the north
601	585		boundary line of the said 68.50 acres of land and a southwesterly
602	586		boundary line of the herein described tract, passing at 6.88 feet, a
603	587		railroad tie fence post found for reference continuing in all a
604	588		distance of 1661.16 feet to a 1 inch iron pipe found in the east line
605	589		of F.M. 1774, a 100 foot right-of-way, for the northwest corner of a
606	590		certain 2.0 acres of land as described in deed recorded in Volume
607	591		583, Page 462 of the Deed Records of Grimes County, Texas, and a
608	592		southwesterly corner of the herein described tract from which a 1
609	593		inch iron pipe found for reference bears South 87 degrees 45 minutes
610	594		38 seconds West, a distance of 99.0 feet;
611	595		THENCE North 07 degrees 15 minutes 44 seconds West, passing at 42.05
612	596		feet, a 5/8 inch iron rod found for reference continuing in all, a
613	597		distance of 1324.41 feet to a 5/8 inch iron rod found for the
614	598		southwest corner of a certain 100.36 acres of land and the most
615	599		westerly corner of the herein described tract from which a 1 inch
616	600		iron pipe found for reference bears North 86 degrees 07 minutes 28
617	601		seconds East, a distance of 13.65 feet;
618	602		THENCE North 86 degrees 38 minutes 28 seconds East, along the south
619	603		boundary line of the said 100.36 acres of land and a northwesterly
620	604		boundary line of the herein described tract, passing at 1501.19
621	605		feet, a fence post found for reference continuing in all, a distance
622	606		of 1571.95 feet to a point in the centerline of said Mill Creek for
623	607		the southeast corner of the said 100.36 acres of land and an
624	608		interior northeasterly corner of the herein described tract;
625	609		THENCE in a northerly direction along the east boundary line of the
626	610		said 100.36 acres of land and the northwesterly boundary line of the
627	611		herein described tract along the centerline meanders of said Mill
628	612		Creek the following courses and distances:
629	613		1. North 05 deg. 22 min. 57 sec. East, a distance of 591.86 feet;
630	614		2. North 06 deg. 00 min. 52 sec. West, a distance of 250.76 feet;
631	615		3. North 09 deg. 54 min. 50 sec. West, a distance of 347.55 feet;
632	616		4. North 29 deg. 37 min. 27 sec. West, a distance of 268.49 feet;
633	617		5. North 41 deg. 51 min. 19 sec. West, a distance of 155.57 feet;
634	618		6. North 36 deg. 30 min. 59 sec. West, a distance of 215.63 feet to
635	619		a point for the northwest corner of the herein described tract;
636	620		THENCE North 86 degrees 26 minutes 31 seconds East, along a
637	621		northwesterly boundary line of the herein described tract, passing
638	622		at 93.64 feet, a 1 and 1/2 inch iron pipe found for reference and the
639	623		southwest corner of a certain 130 acres of land as described in deed
640	624		recorded in Volume 897, Page 443 of the Deed Records of Grimes
641	625		County, Texas, continuing in all a distance of 3756.33 feet to a 1
642	626		inch iron pipe found for the southeast corner of the said 130 acres
643	627		of land and a northwesterly corner of the herein described tract;
644	628		THENCE South 03 degrees 26 minutes 39 seconds East, along a
645	629		northwesterly boundary line of the herein described tract, a
646	630		distance of 617.42 feet to a 5/8 inch iron rod with survey cap set
647	631		for an interior northwesterly corner of the herein described tract;
648	632		THENCE North 87 degrees 31 minutes 20 seconds East, along the north
649	633		boundary line of the herein described tract, passing at 4,751.81
650	634		feet, a brass disc in concrete stamped Moyer Surveying 5656 Grimes
651	635		and Montgomery County Line and set for the southeast corner of Crown
652	636		Ranch Section Two, a corrected plat according to the map or plat
653	637		thereof recorded in Volume 1221, Page 315 of the Map Records of
654	638		Grimes County, Texas, and the southwest corner of Crown Ranch
655	639		Section One-A Amending Plat No. 1, according to the map or plat
656	640		thereof recorded in Cabinet Z, Sheet 762 of the Map Records of
657	641		Montgomery County, Texas, continuing in all a distance of 14,947.98
658	642		feet to the POINT OF BEGINNING and containing 1,988.459 acres of
659	643		land;
660	644		SAVE AND EXCEPT a certain 59.180 acres of land described in deed as
661	645		60 acres recorded in Volume 156, Page 217 of the Deed Records of
662	646		Grimes County, Texas, said 59.180 acres being more particularly
663	647		described by metes and bounds as follows:
664	648		COMMENCING at a 1 inch iron pipe found for the northwest corner of
665	649		the aforesaid 193.424 acres of land;
666	650		THENCE North 04 degrees 27 minutes 04 seconds West, a distance of
667	651		34.76 feet to a 1 inch iron pipe found for refernce;
668	652		TEHNCE South 87 degrees 49 minutes 37 seconds West, a distance of
669	653		72.03 feet to a 1 and 1/4 inch iron pipe found for the southeast
670	654		corner and POINT OF BEGINNING of the herein described tract;
671	655		THENCE South 87 degrees 21 minutes 15 seconds West, along the south
672	656		boundary line of the herein described tract, a distance of 1352.68
673	657		feet to a 1 inch iron pipe found for the southwest corner of the
674	658		herein described tract;
675	659		THENCE North 02 degrees 43 minutes 52 seconds West, along the west
676	660		boundary line of the herein described tract, a distance of 1868.58
677	661		feet to a 1 and 1/4 inch iron pipe found for the northwest corner of
678	662		the herein described tract;
679	663		THENCE North 87 degrees 17 minutes 50 seconds East, along the north
680	664		boundary line of the herein described tract, a distance of 1451.45
681	665		feet to a concrete monument (disturbed ) for the northeast corner of
682	666		the herein described tract;
683	667		THECNE South 02 degrees 33 minutes 59 seconds East, along the east
684	668		boundary line of the herein described tract, a distance of 486.58
685	669		feet to a concrete monument (broken) found for a northeasterly
686	670		corner of the herein described tract;
687	671		THENCE South 86 degrees 05 minutes 18 seconds West, along
688	672		continuing along the east boundary line of the herein described
689	673		tract, a distance of 95.11 feet to a concrete monument found for an
690	674		interior northeasterly corner of the herein described tract;
691	675		THENCE South 02 degrees 38 minutes 11 seconds East, continuing
692	676		along the east boundary line of the herein described tract, a
693	677		distance of 1381.34 feet to the POINT OF BEGINNING and containing
694	678		59.180 acres of land.
695	679		SECTION 3. (a) The legal notice of the intention to
696	680		introduce this Act, setting forth the general substance of this
697	681		Act, has been published as provided by law, and the notice and a
698	682		copy of this Act have been furnished to all persons, agencies,
699	683		officials, or entities to which they are required to be furnished
700	684		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
701	685		Government Code.
702	686		(b) The governor, one of the required recipients, has
703	687		submitted the notice and Act to the Texas Commission on
704	688		Environmental Quality.
705	689		(c) The Texas Commission on Environmental Quality has filed
706	690		its recommendations relating to this Act with the governor, the
707	691		lieutenant governor, and the speaker of the house of
708	692		representatives within the required time.
709	693		(d) All requirements of the constitution and laws of this
710	694		state and the rules and procedures of the legislature with respect
711	695		to the notice, introduction, and passage of this Act are fulfilled
712	696		and accomplished.
713	697		SECTION 4. (a) If this Act does not receive a two-thirds
714	698		vote of all the members elected to each house, Subchapter C, Chapter
715	699		7906, Special District Local Laws Code, as added by Section 1 of
716	700		this Act, is amended by adding Section 7906.107 to read as follows:
717	701		Sec. 7906.107. NO EMINENT DOMAIN POWER. The district may
718	702		not exercise the power of eminent domain.
719	703		(b) This section is not intended to be an expression of a
720	704		legislative interpretation of the requirements of Section 17(c),
721	705		Article I, Texas Constitution.
722	706		SECTION 5. This Act takes effect September 1, 2015.
723		-	* * * * *
	707	+	______________________________ ______________________________
	708	+	President of the Senate Speaker of the House
	709	+	I certify that H.B. No. 4153 was passed by the House on May
	710	+	12, 2015, by the following vote: Yeas 142, Nays 2, 2 present, not
	711	+	voting.
	712	+	______________________________
	713	+	Chief Clerk of the House
	714	+	I certify that H.B. No. 4153 was passed by the Senate on May
	715	+	15, 2015, by the following vote: Yeas 30, Nays 1.
	716	+	______________________________
	717	+	Secretary of the Senate
	718	+	APPROVED: _____________________
	719	+	Date
	720	+	_____________________
	721	+	Governor