Texas 2015 - 84th Regular

Texas House Bill HB4178 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~By: Farney~~ H.B. No. 4178
	1	+	H.B. No. 4178
2	2
3	3
4		-	A BILL TO BE ENTITLED
5	4		AN ACT
6	5		relating to the creation of the Williamson County Municipal Utility
7	6		District No. 31; granting a limited power of eminent domain;
8	7		providing authority to issue bonds; providing authority to impose
9	8		assessments, fees, and taxes.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	11		Code, is amended by adding Chapter 7934 to read as follows:
13	12		CHAPTER 7934. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 31
14	13		SUBCHAPTER A. GENERAL PROVISIONS
15	14		Sec. 7934.001. DEFINITIONS. In this chapter:
16	15		(1) "Board" means the district's board of directors.
17	16		(2) "Commission" means the Texas Commission on
18	17		Environmental Quality.
19	18		(3) "Director" means a board member.
20	19		(4) "District" means the Williamson County Municipal
21	20		Utility District No. 31.
22	21		Sec. 7934.002. NATURE OF DISTRICT. The district is a
23	22		municipal utility district created under Section 59, Article XVI,
24	23		Texas Constitution.
25	24		Sec. 7934.003. CONFIRMATION AND DIRECTORS' ELECTION
26	25		REQUIRED. The temporary directors shall hold an election to
27	26		confirm the creation of the district and to elect five permanent
28	27		directors as provided by Section 49.102, Water Code.
29	28		Sec. 7934.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	29		temporary directors may not hold an election under Section 7934.003
31	30		until each municipality in whose corporate limits or
32	31		extraterritorial jurisdiction the district is located has
33	32		consented by ordinance or resolution to the creation of the
34	33		district and to the inclusion of land in the district.
35	34		Sec. 7934.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	35		The district is created to serve a public purpose and benefit.
37	36		(b) The district is created to accomplish the purposes of:
38	37		(1) a municipal utility district as provided by
39	38		general law and Section 59, Article XVI, Texas Constitution; and
40	39		(2) Section 52, Article III, Texas Constitution, that
41	40		relate to the construction, acquisition, improvement, operation,
42	41		or maintenance of macadamized, graveled, or paved roads, or
43	42		improvements, including storm drainage, in aid of those roads.
44	43		Sec. 7934.006. INITIAL DISTRICT TERRITORY. (a) The
45	44		district is initially composed of the territory described by
46	45		Section 2 of the Act enacting this chapter.
47	46		(b) The boundaries and field notes contained in Section 2 of
48	47		the Act enacting this chapter form a closure. A mistake made in the
49	48		field notes or in copying the field notes in the legislative process
50	49		does not affect the district's:
51	50		(1) organization, existence, or validity;
52	51		(2) right to issue any type of bond for the purposes
53	52		for which the district is created or to pay the principal of and
54	53		interest on a bond;
55	54		(3) right to impose a tax; or
56	55		(4) legality or operation.
57	56		SUBCHAPTER B. BOARD OF DIRECTORS
58	57		Sec. 7934.051. GOVERNING BODY; TERMS. (a) The district is
59	58		governed by a board of five elected directors.
60	59		(b) Except as provided by Section 7934.052, directors serve
61	60		staggered four-year terms.
62	61		Sec. 7934.052. TEMPORARY DIRECTORS. (a) On or after the
63	62		effective date of the Act enacting this chapter, the owner or owners
64	63		of a majority of the assessed value of the real property in the
65	64		district may submit a petition to the commission requesting that
66	65		the commission appoint as temporary directors the five persons
67	66		named in the petition. The commission shall appoint as temporary
68	67		directors the five persons named in the petition.
69	68		(b) Temporary directors serve until the earlier of:
70	69		(1) the date permanent directors are elected under
71	70		Section 7934.003; or
72	71		(2) the fourth anniversary of the effective date of
73	72		the Act enacting this chapter.
74	73		(c) If permanent directors have not been elected under
75	74		Section 7934.003 and the terms of the temporary directors have
76	75		expired, successor temporary directors shall be appointed or
77	76		reappointed as provided by Subsection (d) to serve terms that
78	77		expire on the earlier of:
79	78		(1) the date permanent directors are elected under
80	79		Section 7934.003; or
81	80		(2) the fourth anniversary of the date of the
82	81		appointment or reappointment.
83	82		(d) If Subsection (c) applies, the owner or owners of a
84	83		majority of the assessed value of the real property in the district
85	84		may submit a petition to the commission requesting that the
86	85		commission appoint as successor temporary directors the five
87	86		persons named in the petition. The commission shall appoint as
88	87		successor temporary directors the five persons named in the
89	88		petition.
90	89		SUBCHAPTER C. POWERS AND DUTIES
91	90		Sec. 7934.101. GENERAL POWERS AND DUTIES. The district has
92	91		the powers and duties necessary to accomplish the purposes for
93	92		which the district is created.
94	93		Sec. 7934.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	94		DUTIES. The district has the powers and duties provided by the
96	95		general law of this state, including Chapters 49 and 54, Water Code,
97	96		applicable to municipal utility districts created under Section 59,
98	97		Article XVI, Texas Constitution.
99	98		Sec. 7934.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	99		52, Article III, Texas Constitution, the district may design,
101	100		acquire, construct, finance, issue bonds for, improve, operate,
102	101		maintain, and convey to this state, a county, or a municipality for
103	102		operation and maintenance macadamized, graveled, or paved roads, or
104	103		improvements, including storm drainage, in aid of those roads.
105	104		Sec. 7934.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	105		project must meet all applicable construction standards, zoning and
107	106		subdivision requirements, and regulations of each municipality in
108	107		whose corporate limits or extraterritorial jurisdiction the road
109	108		project is located.
110	109		(b) If a road project is not located in the corporate limits
111	110		or extraterritorial jurisdiction of a municipality, the road
112	111		project must meet all applicable construction standards,
113	112		subdivision requirements, and regulations of each county in which
114	113		the road project is located.
115	114		(c) If the state will maintain and operate the road, the
116	115		Texas Transportation Commission must approve the plans and
117	116		specifications of the road project.
118		-	(d) The district shall:
119		-	(1) maintain a connection between a road inside the
120		-	district and a public roadway that intersects a district boundary;
121		-	and
122		-	(2) at the request of a political subdivision adjacent
123		-	to the district or the Texas Department of Transportation, allow a
124		-	connection to be built between a road inside the district and a
125		-	public roadway that intersects a district boundary.
	117	+	(d) The district shall convey the public roads constructed
	118	+	by or on behalf of the district under Section 7934.103 to Williamson
	119	+	County for ownership, operation, and maintenance by the county.
	120	+	After the 12th anniversary of the date the county accepts
	121	+	conveyance of the roads, the district shall maintain the public
	122	+	roads located in the district, except that the county shall
	123	+	maintain the east-west arterial roadway located in the district
	124	+	north of the San Gabriel River and south of State Highway 29. The
	125	+	district's obligation to maintain the public roads located in the
	126	+	district ceases if all of the territory of the district is annexed
	127	+	by a municipality.
126	128		Sec. 7934.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
127	129		OR RESOLUTION. The district shall comply with all applicable
128	130		requirements of any ordinance or resolution that is adopted under
129	131		Section 54.016 or 54.0165, Water Code, and that consents to the
130	132		creation of the district or to the inclusion of land in the
131	133		district.
132	134		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
133	135		Sec. 7934.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
134	136		district may issue, without an election, bonds and other
135	137		obligations secured by:
136	138		(1) revenue other than ad valorem taxes; or
137	139		(2) contract payments described by Section 7934.153.
138	140		(b) The district must hold an election in the manner
139	141		provided by Chapters 49 and 54, Water Code, to obtain voter approval
140	142		before the district may impose an ad valorem tax or issue bonds
141	143		payable from ad valorem taxes.
142	144		(c) The district may not issue bonds payable from ad valorem
143	145		taxes to finance a road project unless the issuance is approved by a
144	146		vote of a two-thirds majority of the district voters voting at an
145	147		election held for that purpose.
146	148		Sec. 7934.152. OPERATION AND MAINTENANCE TAX. (a) If
147	149		authorized at an election held under Section 7934.151, the district
148	150		may impose an operation and maintenance tax on taxable property in
149	151		the district in accordance with Section 49.107, Water Code.
150	152		(b) The board shall determine the tax rate. The rate may not
151	153		exceed the rate approved at the election.
152	154		Sec. 7934.153. CONTRACT TAXES. (a) In accordance with
153	155		Section 49.108, Water Code, the district may impose a tax other than
154	156		an operation and maintenance tax and use the revenue derived from
155	157		the tax to make payments under a contract after the provisions of
156	158		the contract have been approved by a majority of the district voters
157	159		voting at an election held for that purpose.
158	160		(b) A contract approved by the district voters may contain a
159	161		provision stating that the contract may be modified or amended by
160	162		the board without further voter approval.
161	163		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
162	164		Sec. 7934.201. AUTHORITY TO ISSUE BONDS AND OTHER
163	165		OBLIGATIONS. The district may issue bonds or other obligations
164	166		payable wholly or partly from ad valorem taxes, impact fees,
165	167		revenue, contract payments, grants, or other district money, or any
166	168		combination of those sources, to pay for any authorized district
167	169		purpose.
168	170		Sec. 7934.202. TAXES FOR BONDS. At the time the district
169	171		issues bonds payable wholly or partly from ad valorem taxes, the
170	172		board shall provide for the annual imposition of a continuing
171	173		direct ad valorem tax, without limit as to rate or amount, while all
172	174		or part of the bonds are outstanding as required and in the manner
173	175		provided by Sections 54.601 and 54.602, Water Code.
174	176		Sec. 7934.203. BONDS FOR ROAD PROJECTS. At the time of
175	177		issuance, the total principal amount of bonds or other obligations
176	178		issued or incurred to finance road projects and payable from ad
177	179		valorem taxes may not exceed one-fourth of the assessed value of the
178	180		real property in the district.
179	181		SECTION 2. The Williamson County Municipal Utility District
180	182		No. 31 initially includes all the territory contained in the
181	183		following area:
182	184		BEING 192.79 ACRES OF LAND OUT OF THE WILLIAM H. MONROE
183	185		SURVEY, ABSTRACT NUMBER 453, AND THE HENRY GARMES SURVEY, ABSTRACT
184	186		NO. 269, BOTH IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF
185	187		FIVE TRACTS: TRACT 1 BEING AN 80.68 ACRE REMAINDER OF AN 82.62 ACRE
186	188		TRACT, ERRONEOUSLY CALLED 62.62 ACRES; TRACT TWO BEING A PORTION OF
187	189		AN 86.67 ACRE TRACT; TRACT THREE BEING ALL OF A 2.00 ACRE TRACT; ALL
188	190		CONVEYED TO LANCE ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY
189	191		TRUST BY CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO.
190	192		2013046424 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
191	193		TEXAS, THEREIN DESIGNATED AS "TRACT 1", "TRACT 2", AND "TRACT 5",
192	194		RESPECTIVELY; TRACT FOUR BEING A 34.746 ACRE REMAINDER OF A 43.00
193	195		ACRE TRACT OF LAND CONVEYED TO JOHN T. MASON BY INSTRUMENT OF RECORD
194	196		IN VOLUME 595, PAGE 288 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
195	197		TEXAS, THEREIN DESIGNATED AS "TRACT FOUR"; AND TRACT FIVE BEING A
196	198		7.517 ACRE REMAINDER OF A 43.00 ACRE TRACT CONVEYED TO JOAN GIDDENS
197	199		BY INSTRUMENT OF RECORD IN SAID VOLUME 595, PAGE 288, KNOWN THEREIN
198	200		AS "TRACT FIVE", WITH ON-HALF (1/2) INTEREST CONVEYED TO JOE P.
199	201		GIDDENS, SR. BY GIFT DEED OF RECORD IN DOCUMENT NUMBER 9513614 OF
200	202		THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, AND BEING MORE
201	203		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
202	204		BEGINNING at a 1/2" rebar found for the northeast corner of
203	205		said 80.68 acre remainder of an 82.62 acre tract, the southeast
204	206		corner of Lot 2, Hamilton Subdivision, a subdivision of record in
205	207		Doc. No. 1993014740 of the Official Public Records of Williamson
206	208		County, Texas, the northeast corner of a 4.01 acre tract of land
207	209		conveyed to David Harp and Cynthia Marie Caughfield Harp by
208	210		instrument of record in Doc. No. 1996021719 of the Official Public
209	211		Records of Williamson County, and being in the westerly
210	212		right-of-way line of County Road 266 (R.O.W. varies), from which a
211	213		1/2" rebar found for the northwest corner of a 3.16 acre tract of
212	214		land conveyed to the Pedernales Electric Cooperative, Inc. by
213	215		instrument of record in Doc. No. 2006040305 of the Official Public
214	216		Records of Williamson County, Texas, the southwest corner of a 5.94
215	217		acre tract of land conveyed to Carolyn Miller and Leonard Miller by
216	218		deed of record in Volume 681, Page 342 of the Deed Records of
217	219		Williamson County, Texas, and being in the easterly right-of-way
218	220		line of said County Road 266, bears North 58°49'44" East a distance
219	221		of 35.72 feet; [Point of Beginning Coordinates:
220	222		Northing=10,202,718.53; Easting=3,075,492.25];
221	223		THENCE along the easterly line of the 80.68 acre remainder of
222	224		a 82.62 acre tract and the north, west and south lines of said 4.01
223	225		acre tract the following three (3) courses:
224	226		1. South 69°37'04" West a distance of 392.77 feet (record - South
225	227		69°37'30" West a distance of 392.83 feet) to a 1/2" rebar found for
226	228		the northwest corner of the 4.01 acre tract;
227	229		2. South 13°38'03" East a distance of 475.02 feet (record - South
228	230		13°37'24" East a distance of 475.21 feet) to a 1/2" rebar found for
229	231		the southwest corner of the 4.01 acre tract;
230	232		3. North 61°32'05" East a distance of 414.16 feet (record - North
231	233		61°32'44" East a distance of 414.36 feet) to a 1/2" rebar found for
232	234		the southeast corner of the 4.01 acre tract, and being in the
233	235		westerly right-of-way line of said County Road 266;
234	236		THENCE along the easterly line of the 80.68 acre remainder of
235	237		an 82.62 acre tract and the westerly right-of-way line of County
236	238		Road 266 the following nine (9) courses:
237	239		1. South 27°41'59" East a distance of 394.10 feet (record - South
238	240		27°41'30" East a distance of 394.00 feet) to a fence post found for
239	241		corner;
240	242		2. South 26°04'17" East a distance of 148.94 feet (record - South
241	243		26°00'57" East a distance of 148.99 feet) to a fence post found for
242	244		corner;
243	245		3. South 24°35'10" East a distance of 227.32 feet (record - South
244	246		24°39'50" East a distance of 227.37 feet) to a fence post found for
245	247		corner;
246	248		4. South 29°39'15" East a distance of 485.42 feet (record - South
247	249		29°38'20" East a distance of 485.28 feet) to a fence post found for
248	250		corner;
249	251		5. South 31°21'15" East a distance of 55.73 feet (record - South
250	252		31°21'11" East a distance of 55.75 feet) to a fence post found for
251	253		corner;
252	254		6. South 34°23'40" East a distance of 77.70 feet (record - South
253	255		34°21'13" East a distance of 77.71 feet) to a fence post found for
254	256		corner;
255	257		7. South 37°14'52" East a distance of 72.04 feet (record - South
256	258		37°16'25" East a distance of 72.07 feet) to a fence post found for
257	259		corner;
258	260		8. South 41°51'07" East a distance of 79.68 feet (record - South
259	261		41°50'42" East a distance of 79.65 feet) to a fence post found for
260	262		corner;
261	263		9. South 46°20'23" East a distance of 88.67 feet (record - South
262	264		46°21'47" East a distance of 88.66 feet) to a 60d nail found in the
263	265		base of a tree for an angle point in the easterly line of the 80.68
264	266		acre remainder of an 82.62 acre tract and being the northeast corner
265	267		of said 2.00 acre tract;
266	268		THENCE along the easterly line of the 2.00 acre tract and the
267	269		westerly right-of-way line of County Road 266 the following two (2)
268	270		courses:
269	271		1. South 51°52'18" East a distance of 50.97 feet (record - South
270	272		51°49'14" East a distance of 50.96 feet) to a 60d nail found in the
271	273		base of a tree;
272	274		2. South 51°43'04" East a distance of 165.73 feet (record - South
273	275		51°43'15" East a distance of 165.69 feet) to a steel fence post found
274	276		for corner for an angle point in the easterly line of the 80.68 acre
275	277		remainder of an 82.62 acre tract and being the southeast corner of
276	278		said 2.00 acre;
277	279		THENCE along the easterly line of the 80.68 acre remainder of
278	280		an 82.62 acre tract and the westerly right-of-way line of County
279	281		Road 266 the following thirteen (13) courses:
280	282		1. South 57°01'45" East a distance of 75.98 feet (record - South
281	283		57°00'29" East a distance of 75.96 feet) to a fence post found for
282	284		corner;
283	285		2. South 62°17'41" East a distance of 75.26 feet (record - South
284	286		62°21'51" East a distance of 75.19 feet) to a fence post found for
285	287		corner;
286	288		3. South 64°45'50" East a distance of 78.12 feet (record - South
287	289		64°46'15" East a distance of 78.10 feet) to a fence post found for
288	290		corner;
289	291		4. South 66°38'03" East a distance of 317.51 feet (record - South
290	292		66°37'21" East a distance of 317.49 feet) to a fence post found for
291	293		corner;
292	294		5. South 70°24'29" East a distance of 156.42 feet (record - South
293	295		70°25'04" East a distance of 156.38 feet) to a fence post found for
294	296		corner;
295	297		6. South 65°26'10" East a distance of 64.92 feet (record - South
296	298		65°25'45" East a distance of 64.95 feet) to a fence post found for
297	299		corner;
298	300		7. South 53°30'45" East a distance of 86.57 feet (record - South
299	301		53°22'44" East a distance of 86.54 feet) to a fence post found for
300	302		corner;
301	303		8. South 57°47'47" East a distance of 84.10 feet (record - South
302	304		57°53'40" East a distance of 84.04 feet) to a fence post found for
303	305		corner;
304	306		9. South 62°33'40" East a distance of 51.72 feet (record - South
305	307		62°33'13" East a distance of 51.75 feet) to a fence post found for
306	308		corner;
307	309		10. South 57°33'51" East a distance of 25.25 feet (record - South
308	310		57°29'07" East a distance of 25.22 feet) to a fence post found for
309	311		corner;
310	312		11. South 58°31'02" East a distance of 75.55 feet (record - South
311	313		58°31'52" East a distance of 75.57 feet) to a fence post found for
312	314		corner;
313	315		12. South 60°27'34" East a distance of 152.96 feet (record - South
314	316		60°27'42" East a distance of 152.97 feet) to a fence post found for
315	317		corner;
316	318		13. South 57°57'23" East a distance of 40.97 feet (record - South
317	319		58°00'42" East a distance of 40.88 feet) to a 1/2" rebar found for
318	320		the southeast corner of the 80.68 acre remainder of an 82.62 acre
319	321		tract and the northeast corner of said 86.67 acre "Tract 2";
320	322		THENCE along the easterly line of the 86.67 acre tract and the
321	323		westerly right-of-way line of County Road 266 the following sixteen
322	324		(13) courses:
323	325		1. South 58°00'16" East a distance of 134.29 feet (record - South
324	326		58°00'42" East a distance of 134.42 feet) to a fence post found for
325	327		corner;
326	328		2. South 58°42'01" East a distance of 93.89 feet (record - South
327	329		58°00'42" East a distance of 134.42 feet) to a 1/2" rebar found;
328	330		3. South 55°41'55" East a distance of 36.69 feet (record - South
329	331		55°39'14" East a distance of 36.72 feet) to a 1/2" rebar found;
330	332		4. South 57°23'18" East a distance of 77.00 feet (record - South
331	333		57°24'50" East a distance of 76.96 feet) to a 60d nail found in the
332	334		base of a tree;
333	335		5. South 59°52'58" East a distance of 163.67 feet (record - South
334	336		59°51'48" East a distance of 163.67 feet) to a 60d nail found in the
335	337		base of a tree;
336	338		6. South 56°53'38" East a distance of 47.23 feet (record - South
337	339		56°54'00" East a distance of 47.20 feet) to a 60d nail found in the
338	340		base of a tree;
339	341		7. South 51°53'59" East a distance of 181.09 feet (record - South
340	342		51°53'38" East a distance of 181.04 feet) to a 60d nail found in the
341	343		base of a tree;
342	344		8. South 47°28'03" East a distance of 36.60 feet (record - South
343	345		47°42'45" East a distance of 36.58 feet) to a 1/2" rebar found;
344	346		9. South 33°36'25" East a distance of 99.11 feet (record - South
345	347		33°37'41" East a distance of 99.11 feet) to a 1/2" rebar found;
346	348		10. South 36°25'01" East a distance of 31.64 feet (record - South
347	349		36°24'58" East a distance of 31.64 feet) to a 60d nail found in the
348	350		base of a tree;
349	351		11. South 33°10'54" East a distance of 89.81 feet (record - South
350	352		33°07'46" East a distance of 89.91 feet) to a 60d nail found in the
351	353		base of a tree;
352	354		12. South 43°21'48" East a distance of 165.76 feet (record - South
353	355		43°24'18" East a distance of 165.72 feet) to a 60d nail found in the
354	356		base of a tree;
355	357		13. South 32°09'56" East (record - South 32°04'55" East) a distance
356	358		of 125.64 feet to a calculated point
357	359		THENCE crossing through the 86.67 acre tract the following
358	360		three (3) courses:
359	361		1. South 67°04'21" West, a distance of 169.04 feet to a calculated
360	362		point;
361	363		2. South 66°30'58" West a distance of 2337.55 feet to a calculated
362	364		point;
363	365		3. South 86°26'35" West a distance of 317.04 feet to a calculated
364	366		point in the westerly line of the 86.67 acre tract, being the
365	367		southeast corner of a 6.669 acre tract of land conveyed to Emogene
366	368		M. Champion by instrument of record in Doc. No. 2008083903 of the
367	369		Official Public Records of Williamson County, Texas, also being in
368	370		the northerly line of Lot 7, High Gabriel East, Section 2, a
369	371		subdivision of record in Volume B, Pages 296-298 of the Plat Records
370	372		of Williamson County, Texas, and also being the approximate
371	373		centerline of the South San Gabriel River;
372	374		THENCE North 25°06'16" West (record - North 25°05'54" West),
373	375		along the westerly line of the 86.67 acre tract and the east line of
374	376		said 6.669 acre tract, a distance of 227.10 feet (record - 227.10
375	377		feet) to a 1/2" rebar set with plastic cap which reads "Baseline
376	378		Inc" for the northeast corner of the 6.669 acre tract and the
377	379		southeast corner of a 73.00 acre tract of land conveyed to Ina Dale
378	380		Craven by instrument of record in Volume 595, Page 288 of the Deed
379	381		Records of Williamson County, Texas, therein designated as "Tract
380	382		One";
381	383		THENCE North 05°28'53" West (record - North 05°28'53" West),
382	384		along the westerly line of the 86.67 acre tract and the east line of
383	385		said 43.00 acre tract, passing at a distance of 953.39 (record -
384	386		953.39 feet) a calculated point for the northwest corner of the
385	387		86.67 acre tract and the southwest corner of the 80.68 acre
386	388		remainder of an 82.62 acre tract, and continuing along the westerly
387	389		line of the 80.68 acre remainder of an 82.62 acre tract and the east
388	390		line of said 43.00 acre tract for a total distance of 1235.21 feet
389	391		(record - 1235.21 feet) to a 1/2" rebar found for the northeast
390	392		corner of the 43.00 acre tract and the southeast corner of a 38.24
391	393		acre tract of land conveyed to Emogene Champion by said instrument
392	394		of record in Volume 595, Page 288 of the Deed Records of Williamson
393	395		County, Texas, therein designated as "Tract Two";
394	396		THENCE along the westerly line of the 80.68 acre remainder of
395	397		an 82.62 acre tract and the east and north lines of said 38.24 acre
396	398		tract the following two (2) courses:
397	399		1. North 08°17'02" West a distance of 572.35 (record - North
398	400		08°18'15" West a distance of 572.29 feet) to a 1/2" rebar found for
399	401		the northeast corner of the 38.624 acre tract;
400	402		2. South 77°12'21" West a distance of 424.18 (record - South
401	403		77°13'07" West a distance of 424.14 feet) to a 1/2" rebar found for
402	404		the northeast corner of the 38.624 acre tract;
403	405		THENCE North 20°19'13" West (record - North 20°18'36" West),
404	406		along the westerly line of the 80.68 acre remainder of an 82.62 acre
405	407		tract, the east line of the 38.24 acre tract, and the east line of a
406	408		21.543 acre tract of land conveyed to Mark Mason by instrument of
407	409		record in Doc. No. 2007021744 of the Official Public Records of
408	410		Williamson County, Texas, a distance of 604.86 feet (record -
409	411		604.88 feet) to a 1/2" rebar found for the northeast corner of the
410	412		21.543 acre tract and the southeast corner of a 19.758 acre tract of
411	413		land conveyed to Michael W. Mason by instrument of record in Doc.
412	414		No. 2007021745 of the Official Public Records of Williamson County,
413	415		Texas;
414	416		THENCE North 20°35'14" West (record - North 20°35'47" West),
415	417		along the westerly line of the 80.68 acre remainder of an 82.62 acre
416	418		tract and the east line of said 19.758 acre tract, a distance of
417	419		459.92 feet (record - 459.96 feet) to a 1/2" rebar found for the
418	420		northeast corner of the 19.758 acre tract and the southeast corner
419	421		of said 34.746 acre remainder of a 43.00 acre tract;
420	422		THENCE South 68°55'24" West (record: South 69°49' West), along
421	423		the south line of the 34.746 acre remainder of a 43.00 acre tract
422	424		and the north line of the 19.758 acre tract, passing at a distance
423	425		of 872.22 feet (record: 872.22 feet) a calculated point for an angle
424	426		point in the north line of the 19.758 acre tract and being the
425	427		northeast corner of a 1.78 acre tract of land conveyed to Michael W.
426	428		Mason by instrument of record in Volume 1270, Page 205 of the
427	429		Official Records of Williamson County, Texas; from which a 1/2"
428	430		rebar found bears North 35°52'45" West a distance of 0.93 feet and
429	431		continue along the south line of the 34.746 acre remainder of a
430	432		43.00 acre tract and the north line of said 1.78 acre tract 390.37
431	433		feet further (record: 390.37 feet) to a calculated point for an
432	434		angle point in the north line of the 19.758 acre tract and being the
433	435		northwest corner of the 1.78 acre tract; from which a 1/2" rebar
434	436		found bears North 50°25'19" West a distance of 0.51 feet and
435	437		continuing along the south line of the 34.746 acre remainder of a
436	438		43.00 acre tract and the north line of the 19.758 acre tract and the
437	439		north line of a 22-foot wide Ingress and Egress Easement granted to
438	440		Michael W. Mason in said Volume 1270, Page 205 for a total distance
439	441		of 1583.30 feet to a TxDOT Type II concrete monument found for the
440	442		southwest corner of the 34.746 acre remainder of a 43 acre tract
441	443		known as "Tract Four" and being in the north line of the 19.758 acre
442	444		tract and also being in the east right-of-way line of said U.S. 183,
443	445		392.00 feet left of and perpendicular to E.C.S. 18656.50;
444	446		THENCE along the west line of the 34.746 acre remainder of a
445	447		43.00 acre tract and the east right-of-way line of U.S. 183 the
446	448		following four (4) courses:
447	449		1. Along the arc of a non-tangential curve to the right, having a
448	450		radius of 19608.00 feet (record: 19608.00 feet), a length of 491.38
449	451		feet (record: 491.44 feet), a delta angle of 01°26'09" (record:
450	452		01°26'10") and a chord, which bears North 21°50'37" West a distance
451	453		of 491.36 feet (record: North 21°56'28" West a distance of 491.43
452	454		feet) to a TxDOT Type II concrete monument found 392.00 feet left of
453	455		and perpendicular to E.C.S. 181+55.23 for a point of tangency;
454	456		2. North 21°07'32" West a distance of 11.23 feet (record: North
455	457		21°05'55" West a distance of 11.23 feet) to a 1/2" rebar set with
456	458		plastic cap, which reads "BASELINE, INC.", being 392.00 feet left
457	459		of and perpendicular to E.C.S. 181+44.00;
458	460		3. South 68°52'32" West a distance of 192.00 feet (record: South
459	461		68°54'09" West a distance of 192.00 feet to a calculated point
460	462		200.00 feet left of an perpendicular to E.C.S. 181+44.00; from
461	463		which a damaged TxDOT Type II concrete monument found bears North
462	464		16°55'25" East a distance of 0.27 feet;
463	465		4. North 21°03'51" West a distance of 400.41 feet (record: North
464	466		21°05'54" West a distance of 400.07 feet to a 1/2" rebar found for
465	467		the northwest corner of the 34.746 acre remainder of a 43.00 acre
466	468		tract and being the southwest corner of said 7.517 acre remainder of
467	469		a 43.00 acre tract, and also being in the east right-of-way line of
468	470		U.S. 183 (R.O.W. varies), being 200.00 feet left of and
469	471		perpendicular to Engineer's Centerline Station (E.C.S.) 177+43.93;
470	472		THENCE North 21°03'51" West (record: North 21°05'55" West),
471	473		along the west line of the 7.517 acre remainder of a 43.00 acre
472	474		tract and the east right-of-way line of said U.S. 183 a distance of
473	475		400.50 feet (record: 400.77 feet) to a 1/2" rebar found with cap,
474	476		which reads "SAM, INC." for the northwest corner of the 7.517 acre
475	477		remainder of a 43.00 acre tract and being the southwest corner of
476	478		the remainder of a 1.533 acre tract of land conveyed to the City of
477	479		Liberty Hill, Texas by instrument of record in Document Number
478	480		2012032250 of the Official Public Records of Williamson County,
479	481		Texas, being known therein as "Tract 2" and being 200 feet left of
480	482		and perpendicular to E.C.S. 173+43.16;
481	483		THENCE North 68°55'20" East (record: North 68°55'49" East),
482	484		along the north line of the 7.517 acre remainder of a 43.00 acre
483	485		tract and the south line of said remainder of a 1.533 acre tract a
484	486		distance of 731.95 feet to a 1/2" rebar found with plastic cap
485	487		(illegible) for the west corner of a 0.026 of one acre tract of land
486	488		conveyed to the City of Liberty Hill, Texas in said Document Number
487	489		2012032250 and known therein as "Tract 4" for a point of curvature;
488	490		THENCE along the north line of the 7.517 acre remainder of a
489	491		43.00 acre tract and the south line of said 0.026 of one acre tract,
490	492		being a tangential curve to the left, having a radius of 50.00 feet
491	493		(record: 50.00 feet), a length of 92.54 feet (record: 92.71 feet), a
492	494		delta angle of 106°02'34" (record: 106°14'28") and a chord, which
493	495		bears North 68°56'26" East a distance of 79.89 feet (record: North
494	496		68°56'35" East a distance of 79.99 feet) to a 1/2" rebar found with
495	497		plastic cap (illegible) for the east corner of the 0.026 of one acre
496	498		tract and being in the south line of the remainder of a 1.533 acre
497	499		tract for a point of tangency;
498	500		THENCE North 68°25'29" East (record: North 68°55'49" East),
499	501		along the north line of the 7.517 acre remainder of a 43.00 acre
500	502		tract and the south line of the 1.533 acre tract a distance of 9.75
501	503		feet (record: 9.66 feet) to a 1/2" rebar found with plastic cap,
502	504		which reads "LCRA" for the northeast corner of the 7.517 acre
503	505		remainder of a 43.00 acre tract and being the southeast corner of
504	506		the remainder of a 1.533 acre tract and also being in the west line
505	507		of a 20.000 acre tract of land conveyed to City of Liberty Hill,
506	508		Texas by instrument of record in said Document Number 2012032250
507	509		and known therein as "Tract 1", from which a 1/2" rebar found with
508	510		plastic cap, which reads "LCRA" for the northeast corner of the
509	511		remainder of a 1.533 acre tract and being in the west line of said
510	512		20.000 acre tract bears North 20°40'12" West a distance of 59.98
511	513		feet (record: North 20°40'03" West a distance of 60.00 feet);
512	514		THENCE South 20°40'12" East (record: South 20°40'03" East),
513	515		along the east line of the 7.517 acre remainder of a 43.00 acre
514	516		tract and the west line of the 20.000 acre tract a distance of
515	517		400.69 feet to a 1/2" rebar found with plastic cap, which reads
516	518		"LCRA" for the southeast corner of the 7.517 acre remainder of a
517	519		43.00 acre tract, the southwest corner of the 20.000 acre tract and
518	520		also being in the north line of the 34.746 acre remainder of a 43.00
519	521		acre tract;
520	522		THENCE North 68°55'49" East (record: North 69°49' East), along
521	523		the north line of the 34.746 acre remainder of a 43.00 acre tract
522	524		and the south line of the 20.000 acre tract, a distance of 968.87
523	525		feet (record - 968.86 feet) to a 1/2" rebar found for the northeast
524	526		corner of the 34.746 acre remainder of a 43.00 acre tract, the
525	527		southeast corner of the 20.000 acre tract, and being in the westerly
526	528		line of the 80.68 acre remainder of an 82.82 acre tract;
527	529		THENCE North 20°42'08" West (record - North 20°39'06" West),
528	530		along the westerly line of the 80.68 acre remainder of an 82.62 acre
529	531		tract and the east line of the 20.000 acre tract, a distance of
530	532		294.56 feet to a calculated point for the northwest corner of the
531	533		80.68 acre remainder of an 82.62 acre tract and the southwest corner
532	534		of said Lot 2, Hamilton Subdivision;
533	535		THENCE along the north line of the 80.68 acre remainder of an
534	536		82.62 acre tract and the south line of Lot 2, Hamilton Subdivision,
535	537		the following six (6) courses:
536	538		1. North 70°41'00" East a distance of 397.85 (record - North
537	539		70°41'56" East a distance of 396.79) to a 1/2" rebar found;
538	540		2. North 66°15'13" East a distance of 161.71 (record - North
539	541		66°16'09" East a distance of 161.69) to a 1/2" rebar found;
540	542		3. North 54°02'41" East a distance of 58.65 (record - North
541	543		54°00'09" East a distance of 58.66) to a 1/2" rebar found;
542	544		4. North 65°58'55" East a distance of 94.57 (record - North
543	545		66°07'09" East a distance of 94.66) to a 1/2" rebar found;
544	546		5. North 89°16'53" East a distance of 39.31 (record - North
545	547		89°06'09" East a distance of 94.24) to a 1/2" rebar found;
546	548		6. North 72°09'38" East a distance of 259.54 (record - North
547	549		72°10'09" East a distance of 259.64) to the POINT OF BEGINNING.
548	550		This tract contains 192.79 acres of land, more or less, out of
549	551		the William H. Monroe Survey, Abstract Number 453, and the Henry
550	552		Garmes Survey, Abstract no. 269, both in Williamson County, Texas.
551	553		SECTION 3. (a) The legal notice of the intention to
552	554		introduce this Act, setting forth the general substance of this
553	555		Act, has been published as provided by law, and the notice and a
554	556		copy of this Act have been furnished to all persons, agencies,
555	557		officials, or entities to which they are required to be furnished
556	558		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
557	559		Government Code.
558	560		(b) The governor, one of the required recipients, has
559	561		submitted the notice and Act to the Texas Commission on
560	562		Environmental Quality.
561	563		(c) The Texas Commission on Environmental Quality has filed
562	564		its recommendations relating to this Act with the governor, the
563	565		lieutenant governor, and the speaker of the house of
564	566		representatives within the required time.
565	567		(d) All requirements of the constitution and laws of this
566	568		state and the rules and procedures of the legislature with respect
567	569		to the notice, introduction, and passage of this Act are fulfilled
568	570		and accomplished.
569	571		SECTION 4. (a) If this Act does not receive a two-thirds
570	572		vote of all the members elected to each house, Subchapter C, Chapter
571	573		7934, Special District Local Laws Code, as added by Section 1 of
572	574		this Act, is amended by adding Section 7934.106 to read as follows:
573	575		Sec. 7934.106. NO EMINENT DOMAIN POWER. The district may
574	576		not exercise the power of eminent domain.
575	577		(b) This section is not intended to be an expression of a
576	578		legislative interpretation of the requirements of Section 17(c),
577	579		Article I, Texas Constitution.
578	580		SECTION 5. This Act takes effect immediately if it receives
579	581		a vote of two-thirds of all the members elected to each house, as
580	582		provided by Section 39, Article III, Texas Constitution. If this
581	583		Act does not receive the vote necessary for immediate effect, this
582	584		Act takes effect September 1, 2015.
	585	+	______________________________ ______________________________
	586	+	President of the Senate Speaker of the House
	587	+	I certify that H.B. No. 4178 was passed by the House on May
	588	+	19, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
	589	+	voting.
	590	+	______________________________
	591	+	Chief Clerk of the House
	592	+	I certify that H.B. No. 4178 was passed by the Senate on May
	593	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	594	+	______________________________
	595	+	Secretary of the Senate
	596	+	APPROVED: _____________________
	597	+	Date
	598	+	_____________________
	599	+	Governor