Texas 2015 - 84th Regular

Texas House Bill HB4160 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Farney (Senate Sponsor - Fraser) H.B. No. 4160
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 13, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 22, 2015, reported favorably by
5		-	the following vote: Yeas 4, Nays 0; May 22, 2015, sent to
6		-	printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 4160
8	2
9	3
10		-	A BILL TO BE ENTITLED
11		-	AN ACT
12	4		relating to the creation of the Burnet County Municipal Utility
13	5		District No. 1; granting a limited power of eminent domain;
14	6		providing authority to issue bonds; providing authority to impose
15	7		assessments, fees, and taxes.
16	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
18	10		Code, is amended by adding Chapter 7913 to read as follows:
19	11		CHAPTER 7913. BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
20	12		SUBCHAPTER A. GENERAL PROVISIONS
21	13		Sec. 7913.001. DEFINITIONS. In this chapter:
22	14		(1) "Board" means the district's board of directors.
23	15		(2) "Commission" means the Texas Commission on
24	16		Environmental Quality.
25	17		(3) "Director" means a board member.
26	18		(4) "District" means the Burnet County Municipal
27	19		Utility District No. 1.
28	20		Sec. 7913.002. NATURE OF DISTRICT. The district is a
29	21		municipal utility district created under Section 59, Article XVI,
30	22		Texas Constitution.
31	23		Sec. 7913.003. CONFIRMATION AND DIRECTORS' ELECTION
32	24		REQUIRED. The temporary directors shall hold an election to
33	25		confirm the creation of the district and to elect five permanent
34	26		directors as provided by Section 49.102, Water Code.
35	27		Sec. 7913.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	28		The district is created to serve a public purpose and benefit.
37	29		(b) The district is created to accomplish the purposes of:
38	30		(1) a municipal utility district as provided by
39	31		general law and Section 59, Article XVI, Texas Constitution; and
40	32		(2) Section 52, Article III, Texas Constitution, that
41	33		relate to the construction, acquisition, improvement, operation,
42	34		or maintenance of macadamized, graveled, or paved roads, or
43	35		improvements, including storm drainage, in aid of those roads.
44	36		Sec. 7913.005. INITIAL DISTRICT TERRITORY. (a) The
45	37		district is initially composed of the territory described by
46	38		Section 2 of the Act enacting this chapter.
47	39		(b) The boundaries and field notes contained in Section 2 of
48	40		the Act enacting this chapter form a closure. A mistake made in the
49	41		field notes or in copying the field notes in the legislative process
50	42		does not affect the district's:
51	43		(1) organization, existence, or validity;
52	44		(2) right to issue any type of bond for the purposes
53	45		for which the district is created or to pay the principal of and
54	46		interest on a bond;
55	47		(3) right to impose a tax; or
56	48		(4) legality or operation.
57	49		SUBCHAPTER B. BOARD OF DIRECTORS
58	50		Sec. 7913.051. GOVERNING BODY; TERMS. (a) The district is
59	51		governed by a board of five elected directors.
60	52		(b) Except as provided by Section 7913.052, directors serve
61	53		staggered four-year terms.
62	54		Sec. 7913.052. TEMPORARY DIRECTORS. (a) On or after the
63	55		effective date of the Act enacting this chapter, the owner or owners
64	56		of a majority of the assessed value of the real property in the
65	57		district may submit a petition to the commission requesting that
66	58		the commission appoint as temporary directors the five persons
67	59		named in the petition. The commission shall appoint as temporary
68	60		directors the five persons named in the petition.
69	61		(b) Temporary directors serve until the earlier of:
70	62		(1) the date permanent directors are elected under
71	63		Section 7913.003; or
72	64		(2) the fourth anniversary of the effective date of
73	65		the Act enacting this chapter.
74	66		(c) If permanent directors have not been elected under
75	67		Section 7913.003 and the terms of the temporary directors have
76	68		expired, successor temporary directors shall be appointed or
77	69		reappointed as provided by Subsection (d) to serve terms that
78	70		expire on the earlier of:
79	71		(1) the date permanent directors are elected under
80	72		Section 7913.003; or
81	73		(2) the fourth anniversary of the date of the
82	74		appointment or reappointment.
83	75		(d) If Subsection (c) applies, the owner or owners of a
84	76		majority of the assessed value of the real property in the district
85	77		may submit a petition to the commission requesting that the
86	78		commission appoint as successor temporary directors the five
87	79		persons named in the petition. The commission shall appoint as
88	80		successor temporary directors the five persons named in the
89	81		petition.
90	82		SUBCHAPTER C. POWERS AND DUTIES
91	83		Sec. 7913.101. GENERAL POWERS AND DUTIES. The district has
92	84		the powers and duties necessary to accomplish the purposes for
93	85		which the district is created.
94	86		Sec. 7913.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	87		DUTIES. The district has the powers and duties provided by the
96	88		general law of this state, including Chapters 49 and 54, Water Code,
97	89		applicable to municipal utility districts created under Section 59,
98	90		Article XVI, Texas Constitution.
99	91		Sec. 7913.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	92		52, Article III, Texas Constitution, and Section 53.029(c), Water
101	93		Code, the district may design, acquire, construct, finance, issue
102	94		bonds for, improve, operate, maintain, and convey to this state, a
103	95		county, or a municipality for operation and maintenance
104	96		macadamized, graveled, or paved roads, or improvements, including
105	97		storm drainage, in aid of those roads.
106	98		Sec. 7913.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107	99		project must meet all applicable construction standards, zoning and
108	100		subdivision requirements, and regulations of each municipality in
109	101		whose corporate limits or extraterritorial jurisdiction the road
110	102		project is located.
111	103		(b) If a road project is not located in the corporate limits
112	104		or extraterritorial jurisdiction of a municipality, the road
113	105		project must meet all applicable construction standards,
114	106		subdivision requirements, and regulations of each county in which
115	107		the road project is located.
116	108		(c) If the state will maintain and operate the road, the
117	109		Texas Transportation Commission must approve the plans and
118	110		specifications of the road project.
119	111		Sec. 7913.105. STRATEGIC PARTNERSHIP AGREEMENT. The
120	112		district may negotiate and enter into a written strategic
121	113		partnership agreement with a municipality under Section 43.0751,
122	114		Local Government Code.
123	115		Sec. 7913.106. DIVISION OF DISTRICT. (a) The district may
124	116		be divided into two or more new districts only if the district:
125	117		(1) has no outstanding bonded debt; and
126	118		(2) is not imposing ad valorem taxes.
127	119		(b) This chapter applies to any new district created by the
128	120		division of the district, and a new district has all the powers and
129	121		duties of the district.
130	122		(c) Any new district created by the division of the district
131	123		may not, at the time the new district is created, contain any land
132	124		outside the area described by Section 2 of the Act creating this
133	125		chapter.
134	126		(d) The board, on its own motion or on receipt of a petition
135	127		signed by the owner or owners of a majority of the assessed value of
136	128		the real property in the district, may adopt an order dividing the
137	129		district.
138	130		(e) The board may adopt an order dividing the district
139	131		before or after the date the board holds an election under Section
140	132		7913.003 to confirm the district's creation.
141	133		(f) An order dividing the district shall:
142	134		(1) name each new district;
143	135		(2) include the metes and bounds of each new district;
144	136		(3) appoint temporary directors for each new district
145	137		or provide that the owner or owners of a majority of the assessed
146	138		value of the real property in each new district may submit a
147	139		petition to the Texas Commission on Environmental Quality
148	140		requesting that the commission appoint as temporary directors the
149	141		five persons named in the petition; and
150	142		(4) provide for the division of assets and liabilities
151	143		between or among the new districts.
152	144		(g) On or before the 30th day after the date of adoption of
153	145		an order dividing the district, the district shall file the order
154	146		with the Texas Commission on Environmental Quality and record the
155	147		order in the real property records of each county in which the
156	148		district is located.
157	149		(h) Any new district created by the division of the district
158	150		shall hold a confirmation and directors' election as required by
159	151		Section 7913.003. A new district that is not confirmed is subject
160	152		to dissolution under general law.
161	153		(i) Any new district created by the division of the district
162	154		must hold an election as required by this chapter to obtain voter
163	155		approval before the district may impose a maintenance tax or issue
164	156		bonds payable wholly or partly from ad valorem taxes.
165	157		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
166	158		Sec. 7913.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
167	159		district may issue, without an election, bonds and other
168	160		obligations secured by:
169	161		(1) revenue other than ad valorem taxes; or
170	162		(2) contract payments described by Section 7913.153.
171	163		(b) The district must hold an election in the manner
172	164		provided by Chapters 49 and 54, Water Code, to obtain voter approval
173	165		before the district may impose an ad valorem tax or issue bonds
174	166		payable from ad valorem taxes.
175	167		(c) The district may not issue bonds payable from ad valorem
176	168		taxes to finance a road project unless the issuance is approved by a
177	169		vote of a two-thirds majority of the district voters voting at an
178	170		election held for that purpose.
179	171		Sec. 7913.152. OPERATION AND MAINTENANCE TAX. (a) If
180	172		authorized at an election held under Section 7913.151, the district
181	173		may impose an operation and maintenance tax on taxable property in
182	174		the district in accordance with Section 49.107, Water Code.
183	175		(b) The board shall determine the tax rate. The rate may not
184	176		exceed the rate approved at the election.
185	177		Sec. 7913.153. CONTRACT TAXES. (a) In accordance with
186	178		Section 49.108, Water Code, the district may impose a tax other than
187	179		an operation and maintenance tax and use the revenue derived from
188	180		the tax to make payments under a contract after the provisions of
189	181		the contract have been approved by a majority of the district voters
190	182		voting at an election held for that purpose.
191	183		(b) A contract approved by the district voters may contain a
192	184		provision stating that the contract may be modified or amended by
193	185		the board without further voter approval.
194	186		SUBCHAPTER E. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND
195	187		ASSESSMENTS
196	188		Sec. 7913.201. PETITION REQUIRED FOR FINANCING
197	189		RECREATIONAL FACILITIES AND IMPROVEMENTS WITH ASSESSMENTS. (a)
198	190		Except as provided by this subchapter, the board may finance a
199	191		recreational facility or improvement with assessments on property
200	192		under this subchapter, but only if:
201	193		(1) a written petition requesting that facility or
202	194		improvement has been filed with the board; and
203	195		(2) the board holds a hearing on the proposed
204	196		assessments.
205	197		(b) The petition must be signed by the owners of a majority
206	198		of the assessed value of real property in the district subject to
207	199		assessment according to the most recent certified tax appraisal
208	200		roll for the county.
209	201		Sec. 7913.202. METHOD OF NOTICE FOR HEARING. The district
210	202		shall mail notice of the hearing to each property owner in the
211	203		district who will be subject to the assessment at the current
212	204		address to be assessed as reflected on the tax rolls. The district
213	205		may mail the notice by certified or first class United States mail.
214	206		The board shall determine the method of notice.
215	207		Sec. 7913.203. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
216	208		assessment or a reassessment imposed under this subchapter by the
217	209		district, penalties and interest on an assessment or reassessment,
218	210		an expense of collection, and reasonable attorney's fees incurred
219	211		by the district:
220	212		(1) are a first and prior lien against the property
221	213		assessed;
222	214		(2) are superior to any other lien or claim other than
223	215		a lien or claim for county, school district, or municipal ad valorem
224	216		taxes; and
225	217		(3) are the personal liability of and a charge against
226	218		the owners of the property even if the owners are not named in the
227	219		assessment proceedings.
228	220		(b) The lien is effective from the date of the board's
229	221		resolution imposing the assessment until the date the assessment is
230	222		paid. The board may enforce the lien in the same manner that the
231	223		board may enforce an ad valorem tax lien against real property.
232	224		(c) The board may make a correction to or deletion from the
233	225		assessment roll that does not increase the amount of assessment of
234	226		any parcel of land without providing notice and holding a hearing in
235	227		the manner required for additional assessments.
236	228		Sec. 7913.204. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
237	229		ASSESSMENTS. The district may not impose an impact fee or
238	230		assessment on the property, including the equipment,
239	231		rights-of-way, facilities, or improvements, of:
240	232		(1) an electric utility or a power generation company
241	233		as defined by Section 31.002, Utilities Code;
242	234		(2) a gas utility as defined by Section 101.003 or
243	235		121.001, Utilities Code;
244	236		(3) a telecommunications provider as defined by
245	237		Section 51.002, Utilities Code; or
246	238		(4) a person who provides to the public cable
247	239		television or advanced telecommunications services.
248	240		SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
249	241		Sec. 7913.251. AUTHORITY TO ISSUE BONDS AND OTHER
250	242		OBLIGATIONS. The district may issue bonds or other obligations
251	243		payable wholly or partly from ad valorem taxes, impact fees,
252	244		revenue, contract payments, grants, or other district money, or any
253	245		combination of those sources, to pay for any authorized district
254	246		purpose.
255	247		Sec. 7913.252. TAXES FOR BONDS. At the time the district
256	248		issues bonds payable wholly or partly from ad valorem taxes, the
257	249		board shall provide for the annual imposition of a continuing
258	250		direct ad valorem tax, without limit as to rate or amount, while all
259	251		or part of the bonds are outstanding as required and in the manner
260	252		provided by Sections 54.601 and 54.602, Water Code.
261	253		Sec. 7913.253. BONDS FOR ROAD PROJECTS. At the time of
262	254		issuance, the total principal amount of bonds or other obligations
263	255		issued or incurred to finance road projects and payable from ad
264	256		valorem taxes may not exceed one-fourth of the assessed value of the
265	257		real property in the district.
266	258		SUBCHAPTER G. DEFINED AREAS
267	259		Sec. 7913.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR
268	260		DESIGNATED PROPERTY. The district may define areas or designate
269	261		certain property of the district to pay for improvements,
270	262		facilities, or services that primarily benefit that area or
271	263		property and do not generally and directly benefit the district as a
272	264		whole.
273	265		Sec. 7913.302. PROCEDURE FOR ELECTION. (a) Before the
274	266		district may impose an ad valorem tax or issue bonds payable from ad
275	267		valorem taxes of the defined area or designated property, the board
276	268		shall hold an election in the defined area or in the designated
277	269		property only.
278	270		(b) The board may submit the issues to the voters on the same
279	271		ballot to be used in another election.
280	272		Sec. 7913.303. DECLARING RESULT AND ISSUING ORDER. (a) If
281	273		a majority of the voters voting at the election approve the
282	274		proposition or propositions, the board shall declare the results
283	275		and, by order, shall establish the defined area and describe it by
284	276		metes and bounds or designate the specific property.
285	277		(b) A court may not review the board's order except on the
286	278		ground of fraud, palpable error, or arbitrary and confiscatory
287	279		abuse of discretion.
288	280		Sec. 7913.304. TAXES FOR SERVICES, IMPROVEMENTS, AND
289	281		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
290	282		approval and adoption of the order described by Section 7913.303,
291	283		the district may apply separately, differently, equitably, and
292	284		specifically its taxing power and lien authority to the defined
293	285		area or designated property to provide money to construct,
294	286		administer, maintain, and operate services, improvements, and
295	287		facilities that primarily benefit the defined area or designated
296	288		property.
297	289		Sec. 7913.305. ISSUANCE OF BONDS FOR DEFINED AREA OR
298	290		DESIGNATED PROPERTY. After the order under Section 7913.303 is
299	291		adopted, the district may issue bonds to provide for any land,
300	292		improvements, facilities, plants, equipment, and appliances for
301	293		the defined area or designated property.
302	294		SECTION 2. The Burnet County Municipal Utility District No.
303	295		1 initially includes all the territory contained in the following
304	296		area:
305	297		Being a parcel of land situated in the GC&SF RR CO Survey, Section
306	298		330, Grantee - J.N. Crawford, Abstract Number 1772, the HE&WT RR CO
307	299		Survey, Section 304, Grantee - J.N. Crawford, Abstract Number 1833,
308	300		the T&NO RR CO Survey, Section 2, Grantee - C.F. Burton, Abstract
309	301		Number 1756 and the Maria Catalina Salinas Survey Number 17,
310	302		Abstract Number 776 and being a portion of a parcel of land as
311	303		described in the deed to Hines HWY 71, Limited Partnership recorded
312	304		under Instrument Number 2007-9805 of the Official Public Records of
313	305		Burnet County, Texas (hereafter referred to as the Hines Tract),
314	306		being more particularly described as follows:
315	307		BEGINNING at a 12 inch diameter steel fence corner post found at the
316	308		northwest corner of said Hines Tract;
317	309		THENCE the following nineteen (19) calls coincident with the
318	310		perimeter and to the corners of said Hines Tract:
319	311		1. NORTH 88 degrees 07 minutes 25 seconds EAST, 160.65 feet
320	312		to a found 1/2 inch rebar;
321	313		2. NORTH 88 degrees 11 minutes 33 seconds EAST, 381.95 feet
322	314		to a found 1/2 inch rebar;
323	315		3. NORTH 88 degrees 17 minutes 11 seconds EAST, 557.49 feet
324	316		to a found cotton gin spindle in the base of a 24 inch Live Oak;
325	317		4. NORTH 87 degrees 48 minutes 14 seconds EAST, 106.07 feet
326	318		to a found 1/2 inch rebar;
327	319		5. NORTH 88 degrees 40 minutes 10 seconds EAST, 340.08 feet
328	320		to a found 1/2 inch rebar;
329	321		6. NORTH 88 degrees 21 minutes 35 seconds EAST, 161.15 feet
330	322		to a found 60D nail in the base of a 18 inch Cedar;
331	323		7. NORTH 88 degrees 02 minutes 57 seconds EAST, 588.76 feet
332	324		to a found 2.5 inch steel fence corner post;
333	325		8. NORTH 01 degree 44 minutes 40 seconds WEST, 760.21 feet
334	326		to a found 1/2 inch rebar;
335	327		9. NORTH 01 degree 29 minutes 14 seconds WEST, 214.13 feet
336	328		to a found 1/2 inch rebar;
337	329		10. NORTH 01 degree 53 minutes 17 seconds WEST, 590.33 feet
338	330		to a found 3/8 inch rebar;
339	331		11. SOUTH 77 degrees 00 minutes 08 seconds EAST, 491.52 feet
340	332		to a found 2.5 inch steel fence corner post;
341	333		12. NORTH 87 degrees 53 minutes 14 seconds EAST, 1554.95
342	334		feet to a found 2.5 inch steel fence corner post;
343	335		13. NORTH 00 degrees 38 minutes 32 seconds WEST, 566.01 feet
344	336		to a found 1/2 inch capped rebar stamped "Bergman 3103";
345	337		14. NORTH 00 degrees 28 minutes 11 seconds WEST, 406.18 feet
346	338		to a found 1/2 inch capped rebar stamp illegible;
347	339		15. NORTH 88 degrees 34 minutes 22 seconds EAST, 1439.89
348	340		feet to a found 1/2 inch rebar;
349	341		16. NORTH 89 degrees 03 minutes 16 seconds EAST, 502.28 feet
350	342		to a found 1/2 inch capped rebar stamped "Austin Surveyors";
351	343		17. NORTH 88 degrees 53 minutes 10 seconds EAST, 977.10 feet
352	344		to a found 1/2 inch rebar;
353	345		18. SOUTH 01 degree 17 minutes 47 seconds EAST, 2875.44 feet
354	346		to a found 3/8 inch rebar;
355	347		19. SOUTH 01 degree 12 minutes 03 seconds EAST, 1145.50 feet
356	348		to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at
357	349		the intersection of the east line of said Hines Tract with the
358	350		Burnet-Travis County Line as described in Texas Senate Bill 1009,
359	351		an Act of May 22, 2013, 83rd Legislature, Regular Session, Chapter
360	352		599, filed in the Office of the Texas Secretary of State;
361	353		THENCE SOUTH 28 degrees 40 minutes 00 seconds WEST, with said
362	354		Burnet-Travis County Line, passing at 738.26 feet a found rock
363	355		mound noted as the 5th mile in the field notes by T. A. Chamberlain
364	356		recorded under Document Number 50949 of the County Boundary Files
365	357		for Burnet County in the Archives and Records of the Texas General
366	358		Land Office, in the vicinity of said rock mound a 1/2 inch capped
367	359		rebar stamped "Bergman RPLS 3103" lies northwesterly of said
368	360		Burnet-Travis County Line 2.5 feet, continuing for a total distance
369	361		of 1591.88 feet to a 1/2 inch capped rebar stamped "JPH LAND
370	362		SURVEYING" set at the intersection of said Burnet-Travis County
371	363		Line with a south line of said Hines Tract, from which a 6"x 6" x 44"
372	364		tall concrete monument marked "T" on the east side, "B" on the west
373	365		side and "1930" on the base found marking the corner of Burnet and
374	366		Blanco Counties and on the Travis County line bears SOUTH 28 degrees
375	367		40 minutes 00 seconds WEST, 1343.39 feet, and from said concrete
376	368		monument a 14 inch Live Oak Tree bears NORTH 86 degrees WEST, 16.5
377	369		feet;
378	370		THENCE the following six (6) calls coincident with the perimeter
379	371		and to the corners of said Hines Tract:
380	372		1. SOUTH 88 degrees 48 minutes 34 seconds WEST, 406.38 feet
381	373		to a found 1/2 inch rebar from which a found 5/8 inch capped rebar
382	374		stamped "RPLS 453?" bears NORTH 28 degrees WEST, 0.3 feet;
383	375		2. SOUTH 88 degrees 51 minutes 05 seconds WEST, 283.38 feet
384	376		to a found 60D nail in top of a 12 inch diameter fence corner post;
385	377		3. NORTH 01 degree 12 minutes 27 seconds WEST, 475.01 feet
386	378		to a found cotton gin spindle;
387	379		4. SOUTH 88 degrees 57 minutes 29 seconds WEST, 1924.98 feet
388	380		to a set mag nail in rock;
389	381		5. SOUTH 25 degrees 44 minutes 58 seconds WEST, 532.03 feet
390	382		to a found 1/2 inch capped rebar stamped "RPLS 4?52";
391	383		6. SOUTH 06 degrees 38 minutes 28 seconds WEST, 387.56 feet
392	384		to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at
393	385		the intersection of an easterly line of said Hines Tract with the
394	386		Burnet-Blanco County Line;
395	387		THENCE NORTH 71 degrees 49 minutes 50 seconds WEST, 2120.42 feet
396	388		with said Burnet-Blanco County Line to a 1/2 inch capped rebar
397	389		stamped "JPH LAND SURVEYING" set at the intersection of the east
398	390		right of way line of State Highway 71 (formerly known as R.M.
399	391		Highway 93) a 150-foot right of way, as described in the deed to the
400	392		State of Texas recorded in Volume 98, Pages 530 and 531 of the Deed
401	393		Records of Burnet County, Texas with said Burnet-Blanco County
402	394		Line, from which a calculated point being a deed call tie as
403	395		described in said deed to the State of Texas to said Burnet-Blanco
404	396		County Line bears NORTH 71 degrees 49 minutes 50 seconds WEST, 148.8
405	397		feet;
406	398		THENCE the following four (4) calls coincident with the perimeter
407	399		and to the corners of the east right of way line of said State
408	400		Highway 71:
409	401		1. NORTH 48 degrees 03 minutes 28 seconds WEST, 518.91 feet
410	402		to a Texas Department of Transportation 4 inch x 4 inch concrete
411	403		right of way monument found at the beginning of a tangent curve
412	404		concave to the northeast, having a radius of 2805.00 feet;
413	405		2. northwesterly an arc length of 1334.88 feet to a Texas
414	406		Department of Transportation 4 inch x 4 inch concrete right of way
415	407		monument found at the beginning of a tangent line to the
416	408		aforementioned curve;
417	409		3. NORTH 20 degrees 47 minutes 28 seconds WEST, 635.31 feet
418	410		to a Texas Department of Transportation 4 inch x 4 inch concrete
419	411		right of way monument found at the beginning of a tangent curve
420	412		concave to the southwest having a radius of 5790.00 feet;
421	413		4. northerly an arc length of 596.51 feet to the POINT OF
422	414		BEGINNING, containing 643.0 acres.
423	415		SECTION 3. (a) The legal notice of the intention to
424	416		introduce this Act, setting forth the general substance of this
425	417		Act, has been published as provided by law, and the notice and a
426	418		copy of this Act have been furnished to all persons, agencies,
427	419		officials, or entities to which they are required to be furnished
428	420		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
429	421		Government Code.
430	422		(b) The governor, one of the required recipients, has
431	423		submitted the notice and Act to the Texas Commission on
432	424		Environmental Quality.
433	425		(c) The Texas Commission on Environmental Quality has filed
434	426		its recommendations relating to this Act with the governor, the
435	427		lieutenant governor, and the speaker of the house of
436	428		representatives within the required time.
437	429		(d) All requirements of the constitution and laws of this
438	430		state and the rules and procedures of the legislature with respect
439	431		to the notice, introduction, and passage of this Act are fulfilled
440	432		and accomplished.
441	433		SECTION 4. (a) If this Act does not receive a two-thirds
442	434		vote of all the members elected to each house, Subchapter C, Chapter
443	435		7913, Special District Local Laws Code, as added by Section 1 of
444	436		this Act, is amended by adding Section 7913.107 to read as follows:
445	437		Sec. 7913.107. NO EMINENT DOMAIN POWER. The district may
446	438		not exercise the power of eminent domain.
447	439		(b) This section is not intended to be an expression of a
448	440		legislative interpretation of the requirements of Section 17(c),
449	441		Article I, Texas Constitution.
450	442		SECTION 5. This Act takes effect immediately if it receives
451	443		a vote of two-thirds of all the members elected to each house, as
452	444		provided by Section 39, Article III, Texas Constitution. If this
453	445		Act does not receive the vote necessary for immediate effect, this
454	446		Act takes effect September 1, 2015.
455		-	* * * * *
	447	+	______________________________ ______________________________
	448	+	President of the Senate Speaker of the House
	449	+	I certify that H.B. No. 4160 was passed by the House on May 8,
	450	+	2015, by the following vote: Yeas 140, Nays 2, 2 present, not
	451	+	voting.
	452	+	______________________________
	453	+	Chief Clerk of the House
	454	+	I certify that H.B. No. 4160 was passed by the Senate on May
	455	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	456	+	______________________________
	457	+	Secretary of the Senate
	458	+	APPROVED: _____________________
	459	+	Date
	460	+	_____________________
	461	+	Governor