Texas 2015 - 84th Regular

Texas House Bill HB4183 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Isaac (Senate Sponsor - Campbell) H.B. No. 4183
2		-	(In the Senate - Received from the House May 13, 2015;
3		-	May 13, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 14, 2015, rereferred to Committee
5		-	on Administration; May 21, 2015, reported favorably by the
6		-	following vote: Yeas 6, Nays 0; May 21, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 4183
8	2
9	3
10		-	A BILL TO BE ENTITLED
11		-	AN ACT
12	4		relating to the creation of the Hays County Municipal Utility
13	5		District No. 7; 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 7916 to read as follows:
19	11		CHAPTER 7916. HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
20	12		SUBCHAPTER A. GENERAL PROVISIONS
21	13		Sec. 7916.001. 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 Hays County Municipal Utility
27	19		District No. 7.
28	20		Sec. 7916.002. 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. 7916.003. 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. 7916.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	28		temporary directors may not hold an election under Section 7916.003
37	29		until each municipality in whose corporate limits or
38	30		extraterritorial jurisdiction the district is located has
39	31		consented by ordinance or resolution to the creation of the
40	32		district and to the inclusion of land in the district.
41	33		Sec. 7916.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
42	34		The district is created to serve a public purpose and benefit.
43	35		(b) The district is created to accomplish the purposes of:
44	36		(1) a municipal utility district as provided by
45	37		general law and Section 59, Article XVI, Texas Constitution; and
46	38		(2) Section 52, Article III, Texas Constitution, that
47	39		relate to the construction, acquisition, improvement, operation,
48	40		or maintenance of macadamized, graveled, or paved roads, or
49	41		improvements, including storm drainage, in aid of those roads.
50	42		Sec. 7916.006. INITIAL DISTRICT TERRITORY. (a) The
51	43		district is initially composed of the territory described by
52	44		Section 2 of the Act enacting this chapter.
53	45		(b) The boundaries and field notes contained in Section 2 of
54	46		the Act enacting this chapter form a closure. A mistake made in the
55	47		field notes or in copying the field notes in the legislative process
56	48		does not affect the district's:
57	49		(1) organization, existence, or validity;
58	50		(2) right to issue any type of bond for the purposes
59	51		for which the district is created or to pay the principal of and
60	52		interest on a bond;
61	53		(3) right to impose a tax; or
62	54		(4) legality or operation.
63	55		SUBCHAPTER B. BOARD OF DIRECTORS
64	56		Sec. 7916.051. GOVERNING BODY; TERMS. (a) The district is
65	57		governed by a board of five elected directors.
66	58		(b) Except as provided by Section 7916.052, directors serve
67	59		staggered four-year terms.
68	60		Sec. 7916.052. TEMPORARY DIRECTORS. (a) On or after the
69	61		effective date of the Act enacting this chapter, the owner or owners
70	62		of a majority of the assessed value of the real property in the
71	63		district may submit a petition to the commission requesting that
72	64		the commission appoint as temporary directors the five persons
73	65		named in the petition. The commission shall appoint as temporary
74	66		directors the five persons named in the petition.
75	67		(b) Temporary directors serve until the earlier of:
76	68		(1) the date permanent directors are elected under
77	69		Section 7916.003; or
78	70		(2) the fourth anniversary of the effective date of
79	71		the Act enacting this chapter.
80	72		(c) If permanent directors have not been elected under
81	73		Section 7916.003 and the terms of the temporary directors have
82	74		expired, successor temporary directors shall be appointed or
83	75		reappointed as provided by Subsection (d) to serve terms that
84	76		expire on the earlier of:
85	77		(1) the date permanent directors are elected under
86	78		Section 7916.003; or
87	79		(2) the fourth anniversary of the date of the
88	80		appointment or reappointment.
89	81		(d) If Subsection (c) applies, the owner or owners of a
90	82		majority of the assessed value of the real property in the district
91	83		may submit a petition to the commission requesting that the
92	84		commission appoint as successor temporary directors the five
93	85		persons named in the petition. The commission shall appoint as
94	86		successor temporary directors the five persons named in the
95	87		petition.
96	88		SUBCHAPTER C. POWERS AND DUTIES
97	89		Sec. 7916.101. GENERAL POWERS AND DUTIES. The district has
98	90		the powers and duties necessary to accomplish the purposes for
99	91		which the district is created.
100	92		Sec. 7916.102. MUNICIPAL UTILITY DISTRICT POWERS AND
101	93		DUTIES. The district has the powers and duties provided by the
102	94		general law of this state, including Chapters 49 and 54, Water Code,
103	95		applicable to municipal utility districts created under Section 59,
104	96		Article XVI, Texas Constitution.
105	97		Sec. 7916.103. AUTHORITY FOR ROAD PROJECTS. Under Section
106	98		52, Article III, Texas Constitution, the district may design,
107	99		acquire, construct, finance, issue bonds for, improve, operate,
108	100		maintain, and convey to this state, a county, or a municipality for
109	101		operation and maintenance macadamized, graveled, or paved roads, or
110	102		improvements, including storm drainage, in aid of those roads.
111	103		Sec. 7916.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
112	104		project must meet all applicable construction standards, zoning and
113	105		subdivision requirements, and regulations of each municipality in
114	106		whose corporate limits or extraterritorial jurisdiction the road
115	107		project is located.
116	108		(b) If a road project is not located in the corporate limits
117	109		or extraterritorial jurisdiction of a municipality, the road
118	110		project must meet all applicable construction standards,
119	111		subdivision requirements, and regulations of each county in which
120	112		the road project is located.
121	113		(c) If the state will maintain and operate the road, the
122	114		Texas Transportation Commission must approve the plans and
123	115		specifications of the road project.
124	116		Sec. 7916.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	117		OR RESOLUTION. The district shall comply with all applicable
126	118		requirements of any ordinance or resolution that is adopted under
127	119		Section 54.016 or 54.0165, Water Code, and that consents to the
128	120		creation of the district or to the inclusion of land in the
129	121		district.
130	122		SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
131	123		Sec. 7916.151. DIVISION OF DISTRICT; PREREQUISITES. The
132	124		district may be divided into two or more new districts only if the
133	125		district:
134	126		(1) has never issued any bonds; and
135	127		(2) is not imposing ad valorem taxes.
136	128		Sec. 7916.152. LAW APPLICABLE TO NEW DISTRICT. This
137	129		chapter applies to any new district created by division of the
138	130		district, and a new district has all the powers and duties of the
139	131		district.
140	132		Sec. 7916.153. LIMITATION ON AREA OF NEW DISTRICT. A new
141	133		district created by the division of the district may not, at the
142	134		time the new district is created, contain any land outside the area
143	135		described by Section 2 of the Act enacting this chapter.
144	136		Sec. 7916.154. DIVISION PROCEDURES. (a) The board, on its
145	137		own motion or on receipt of a petition signed by the owner or owners
146	138		of a majority of the assessed value of the real property in the
147	139		district, may adopt an order dividing the district.
148	140		(b) The board may adopt an order dividing the district
149	141		before or after the date the board holds an election under Section
150	142		7916.003 to confirm the district's creation.
151	143		(c) An order dividing the district must:
152	144		(1) name each new district;
153	145		(2) include the metes and bounds description of the
154	146		territory of each new district;
155	147		(3) appoint temporary directors for each new district;
156	148		and
157	149		(4) provide for the division of assets and liabilities
158	150		between the new districts.
159	151		(d) On or before the 30th day after the date of adoption of
160	152		an order dividing the district, the district shall file the order
161	153		with the commission and record the order in the real property
162	154		records of each county in which the district is located.
163	155		Sec. 7916.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
164	156		A new district created by the division of the district shall hold a
165	157		confirmation and directors' election as required by Section
166	158		7916.003.
167	159		(b) If the creation of the new district is confirmed, the
168	160		new district shall provide the election date and results to the
169	161		commission.
170	162		Sec. 7916.156. TAX OR BOND ELECTION. Before a new district
171	163		created by the division of the district may impose a maintenance tax
172	164		or issue bonds payable wholly or partly from ad valorem taxes, the
173	165		new district must hold an election as required by this chapter to
174	166		obtain voter approval.
175	167		Sec. 7916.157. MUNICIPAL CONSENT. Municipal consent to the
176	168		creation of the district and to the inclusion of land in the
177	169		district granted under Section 7916.004 acts as municipal consent
178	170		to the creation of any new district created by the division of the
179	171		district and to the inclusion of land in the new district.
180	172		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
181	173		Sec. 7916.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
182	174		district may issue, without an election, bonds and other
183	175		obligations secured by:
184	176		(1) revenue other than ad valorem taxes; or
185	177		(2) contract payments described by Section 7916.203.
186	178		(b) The district must hold an election in the manner
187	179		provided by Chapters 49 and 54, Water Code, to obtain voter approval
188	180		before the district may impose an ad valorem tax or issue bonds
189	181		payable from ad valorem taxes.
190	182		(c) The district may not issue bonds payable from ad valorem
191	183		taxes to finance a road project unless the issuance is approved by a
192	184		vote of a two-thirds majority of the district voters voting at an
193	185		election held for that purpose.
194	186		Sec. 7916.202. OPERATION AND MAINTENANCE TAX. (a) If
195	187		authorized at an election held under Section 7916.201, the district
196	188		may impose an operation and maintenance tax on taxable property in
197	189		the district in accordance with Section 49.107, Water Code.
198	190		(b) The board shall determine the tax rate. The rate may not
199	191		exceed the rate approved at the election.
200	192		Sec. 7916.203. CONTRACT TAXES. (a) In accordance with
201	193		Section 49.108, Water Code, the district may impose a tax other than
202	194		an operation and maintenance tax and use the revenue derived from
203	195		the tax to make payments under a contract after the provisions of
204	196		the contract have been approved by a majority of the district voters
205	197		voting at an election held for that purpose.
206	198		(b) A contract approved by the district voters may contain a
207	199		provision stating that the contract may be modified or amended by
208	200		the board without further voter approval.
209	201		SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
210	202		Sec. 7916.251. AUTHORITY TO ISSUE BONDS AND OTHER
211	203		OBLIGATIONS. The district may issue bonds or other obligations
212	204		payable wholly or partly from ad valorem taxes, impact fees,
213	205		revenue, contract payments, grants, or other district money, or any
214	206		combination of those sources, to pay for any authorized district
215	207		purpose.
216	208		Sec. 7916.252. TAXES FOR BONDS. At the time the district
217	209		issues bonds payable wholly or partly from ad valorem taxes, the
218	210		board shall provide for the annual imposition of a continuing
219	211		direct ad valorem tax, without limit as to rate or amount, while all
220	212		or part of the bonds are outstanding as required and in the manner
221	213		provided by Sections 54.601 and 54.602, Water Code.
222	214		Sec. 7916.253. BONDS FOR ROAD PROJECTS. At the time of
223	215		issuance, the total principal amount of bonds or other obligations
224	216		issued or incurred to finance road projects and payable from ad
225	217		valorem taxes may not exceed one-fourth of the assessed value of the
226	218		real property in the district.
227	219		SECTION 2. The Hays County Municipal Utility District No. 7
228	220		initially includes all the territory contained in the following
229	221		area:
230	222		DESCRIPTION OF NINE (9) PARCELS OF LAND (1) CALLED TO BE
231	223		1051.23 ACRES OF LAND OUT OF THE ANTHONY G. DAVY SURVEY NO. 38,
232	224		A-148, THE MARCUS D. RAPER SURVEY NO. 37, A-394, AND THE EDWARD W.
233	225		BROWN SURVEY NO. 136, A-44, DESCRIBED IN A DEED TO ANARENE
234	226		INVESTMENTS, LTD., OF RECORD IN VOLUME 2639, PAGE 410, OF THE
235	227		OFFICIAL PUBLIC RECORDS OF HAYS COUNTY TEXAS, (2) CALLED TO BE 206.2
236	228		ACRES OF LAND OUT OF THE EDWARD W. BROWN SURVEY NO. 136, A-44, AND
237	229		THE PHILIP A. SMITH SURVEY NO. 26, A-415, DESCRIBED IN A DEED TO
238	230		ANARENE INVESTMENTS, LTD., OF RECORD IN VOLUME 2639, PAGE 403, OF
239	231		THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, (3) CALLED TO BE
240	232		139.16 ACRES OUT OF THE ANTHONY G. DAVY SURVEY NO. 38, A-148,
241	233		DESCRIBED AS TRACT 1, (4) CALLED TO BE 11.02 ACRES OUT OF THE
242	234		ANTHONY G. DAVY SURVEY NO. 39, A-148, DESCRIBED AS TRACT 2, (5)
243	235		CALLED TO BE 11.00 ACRES OUT OF THE ANTHONY G. DAVY SURVEY NO. 38,
244	236		A-148, DESCRIBED AS TRACT 3, (6) CALLED TO BE 11.05 ACRES OUT OF THE
245	237		ANTHONY G. DAVY SURVEY NO. 38, A-148, DESCRIBED AS TRACT 4, (7)
246	238		CALLED TO BE 226.11 ACRES OUT OF THE EDWARD W. BROWN SURVEY NO. 136,
247	239		A-44, DESCRIBED AS TRACT 5, SAVE AND EXCEPT 25.7398 ACRES DESCRIBED
248	240		IN A DEED TO THE CITY OF DRIPPING SPRINGS, OF RECORD IN VOLUME 4467,
249	241		PAGE 508, OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, (8)
250	242		CALLED TO BE 17.80 ACRES OUT OF THE GEORGE W. LINDSEY SURVEY NO.
251	243		138, A-280, AND THE EDWARD W. BROWN SURVEY NO. 136, A-44, (3-8) ALL
252	244		DESCRIBED IN A DEED TO ANARENE INVESTMENTS, LTD., OF RECORD IN
253	245		VOLUME 2639, PAGE 420, OF THE OFFICIAL PUBLIC RECORDS OF HAYS
254	246		COUNTY, TEXAS, AND (9) CALLED TO BE 29.78 ACRES, DESCRIBED IN A DEED
255	247		TO ANALENE INVESTMENTS, LTD, OF RECORD IN VOLUME 2639, PAGE 400, OF
256	248		THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS. THE FOLLOWING
257	249		DESCRIPTION IS A COMPILATION OF INFORMATION FROM THE ABOVE
258	250		MENTIONED DEEDS OF RECORD AND IN NO WAY REPRESENTS A SURVEY ON THE
259	251		GROUND.
260	252		BEGINNING in the easterly right-of-way of Ranch Road 12, at
261	253		the northwest corner of said 1051.23 acre tract;
262	254		THENCE, with the northerly and easterly lines of said 1051.23
263	255		acre tract the following nineteen (19) courses:
264	256		1) N 84° 54' 13" E, 41.10 feet;
265	257		2) S 54° 58' 12" E, 349.54 feet;
266	258		3) S 46° 30' 30" E, 373.94 feet;
267	259		4) S 75° 31' 52" E, 280.39 feet;
268	260		5) S 87° 28' 36" E, 509.18 feet;
269	261		6) N 70° 52' 58" E, 436.06 feet;
270	262		7) N 74° 15' 19" E, 335.56 feet;
271	263		8) S 60° 04' 22" E, 195.80 feet;
272	264		9) S 28° 26' 22" E, 244.50 feet;
273	265		10) S 01° 37' 38" W, 503.50 feet;
274	266		11) S 16° 09' 38" W, 587.50 feet;
275	267		12) S 34° 41' 38" W, 697.70 feet;
276	268		13) S 09° 57' 38" W, 414.80 feet;
277	269		14) S 20° 16' 22" E, 327.40 feet;
278	270		15) S 37° 29' 22" E, 126.60 feet;
279	271		16) S 54° 33' 38" W, 280.20 feet;
280	272		17) S 62° 30' 22" E, 466.67 feet;
281	273		18) S 58° 21' 22" E, 511.36 feet;
282	274		19) S 27° 42' 18" W, 4426.48 feet to the most northerly
283	275		corner of said 29.78 acre tract;
284	276		THENCE, with the easterly line of said 29.78 acre tract, the
285	277		following two (2) courses:
286	278		1) S 29° 36' 26" E, 931/41 feet;
287	279		2) S 60° 36' 50" W 1551.06 feet to the northeast corner of
288	280		said 206.2 acre tract;
289	281		THENCE, with the east line of said 206.2 acre tract the
290	282		following fifteen (15) courses:
291	283		1) S 24° 30' 16" E, 46.65 feet;
292	284		2) S 15° 29' 56" E, 280.55 feet;
293	285		3) S 15° 36' 02" E, 182.44 feet;
294	286		4) S 06° 30' 37" W, 104.00 feet;
295	287		5) S 02° 19' 28" E, 55.08 feet;
296	288		6) S 14° 50' 58" W, 71.24 feet;
297	289		7) S 07° 20' 07" W, 154.45 feet;
298	290		8) S 07° 07' 05" W, 263.18 feet;
299	291		9) S 17° 20' 44" W, 196.99 feet;
300	292		10) S 01° 55' 39" W 330.60 feet;
301	293		11) S 01° 28' 16" W, 273.89 feet;
302	294		12) S 04° 26' 22" E, 42.77 feet;
303	295		13) S 00° 29' 14" E 238.72 feet;
304	296		14) S 00° 26' 31" W, 353.54 feet;
305	297		15) S 01° 05' 28" W, 706.28 feet to the southeast corner of
306	298		said 206.2 acre tract;
307	299		THENCE, with the south line of said 206.28 acre tract, the
308	300		following three (3) courses:
309	301		1) N 87° 23' W, 482.22 feet;
310	302		2) N 84° 43' W, 425.43 feet;
311	303		3) N 84° 47' W, 587.97 feet to the southwest corner of said
312	304		206.2 acre tract;
313	305		THENCE, with the westerly line of said 206.2 acre tract, the
314	306		following four (4) courses:
315	307		1) N 35° 19' 20" W, 1263.76 feet;
316	308		2) N 41° 23' 11" W, 1696.56 feet;
317	309		3) N 41° 43' 03" W, 764.40 feet;
318	310		4) N 41° 16' 40" W, 437.00 feet to a point in the south line
319	311		of said 1051.23 acre tract at the northwest corner of said 206.2
320	312		acre tract;
321	313		THENCE, S 88° 07' 17"W, approximately 443.3 feet (calculated)
322	314		to the most southerly southwest corner of said 1051.23 acre tract;
323	315		THENCE, with a westerly line of said 1051.23 acre tract, the
324	316		following nine (9) courses:
325	317		1) N 03° 04' 29" W, 631.00 feet;
326	318		2) N 74° 12' 57" E, 295.30 feet;
327	319		3) N 64° 28' 29" E, 427.51 feet;
328	320		4) N 02° 32' 52" E 669.83 feet;
329	321		5) N 86 13' 48" W, 349.56 feet;
330	322		6) N 03° 46' 12" E, 50.00 feet;
331	323		7) N 86° 13' 48" W, 120.00 feet;
332	324		8) N 03° 46' 12" E, 40.00 feet;
333	325		9) N 86° 13' 48" W, 418.83 feet to a point in the west
334	326		right-of-way line of said Ranch Road 12, at the most westerly
335	327		southwest corner of said 1051.23 acre tract;
336	328		THENCE, S 26° 09' 19" W, across said Ranch Road 12, 456.1 feet
337	329		(calculated), to the southeast corner of said 226.11 acre tract;
338	330		THENCE, N 27° 34' W, with the south line of said 226.11 acre
339	331		tract, 325.2 feet (calculated) to the southeast corner of said
340	332		25.7398 acre tract out of said 226.11 acre tract;
341	333		THENCE, N 14° 36' 32" E, with the easterly line of said 25.7398
342	334		acre tract, 1469.96 feet;
343	335		THENCE, N 49° 13' 13" W, with the northerly line of said
344	336		25.7398 acre tract, 598.82 feet;
345	337		THENCE, S 45° 59' 39" W, with the westerly line of said 25.7398
346	338		acre tract, 1153.28 feet to a point in the south line of said 226.11
347	339		acre tract, at the southwest corner of said 25.7398 acre tract;
348	340		THENCE, N 46° 16' W, with the southerly line of said 226.11
349	341		acre tract, 4567.50 feet to the southwest corner of said 226.11 acre
350	342		tract;
351	343		THENCE, with the west line of said 226.11 acre tract, the
352	344		following five (5) courses:
353	345		1) N 00° 25' W, 453.14 feet;
354	346		2) N 00° 31' W 460.69 feet;
355	347		3) N 00° 13' W, 335.96 feet;
356	348		4) N 00° 10' W, 332.87 feet;
357	349		5) N 00° 02' E, 70.40 feet to the northwest corner of said
358	350		226.11 acre tract;
359	351		THENCE, S 60° 00' E, with the northerly line of said 226.11
360	352		acre tract, 4804.0 feet (calculated) to the southwest corner of
361	353		said 17.80 acre tract;
362	354		THENCE, with the westerly line of said 17.80 acre tract, the
363	355		following three (3) courses:
364	356		1) N 29° 48' E, 406.76 feet;
365	357		2) N 62° 27' W, 425.33 feet;
366	358		3) N 29° 48' E, 385.15 feet passing the southerly
367	359		right-of-way line of a 50 foot roadway easement, and continuing for
368	360		a total distance of 410.34 feet to a point in the centerline of said
369	361		roadway easement at the northwest corner of said 17.80 acre tract;
370	362		THENCE, with the centerline of said right-of-way easement,
371	363		the following five (5) courses:
372	364		1) S 67° 33' E, 21.40 feet;
373	365		2) A curve to the left having an arc distance of 192.52 feet,
374	366		the chord of which bears S 86° 40' E, 188.97 feet;
375	367		3) N 74° 13' E, 544.89 feet;
376	368		4) A curve to the right having an arc distance of 192.03
377	369		feet, the chord of which bears S 86° 04' E, 188.26 feet;
378	370		5) S 66° 20' E, 109.07 feet to a point in the westerly
379	371		right-of-way line of said Ranch Road 12, at the northeast corner of
380	372		said 17.80 acre tract;
381	373		THENCE, with the westerly right-of-way line of said Ranch
382	374		Road 12, a curve to the right having a radius of 1959.86 feet, an arc
383	375		distance of 511.4 feet, and a chord which bears N 36° 06' 22" E,
384	376		510.0 feet (calculated) to the most southerly corner of said 11.05
385	377		acre tract;
386	378		THENCE, with the westerly line of said 11.05 acre tract, said
387	379		11.00 acre tract, and said 11.02 acre tract, the following four (4)
388	380		courses:
389	381		1) N 04° 48' W, 327.50 feet;
390	382		2) N 41° 55' E, 114.00 feet;
391	383		3) S 75° 06' E, 117.50 feet;
392	384		4) N 09° 37' W, at 852.55 feet passing the northwesterly
393	385		corner of said 11.05 acre tract, same being the southwesterly
394	386		corner of said 11.00 acre tract, at 1402.67 feet, passing the
395	387		northwesterly corner of said 11.00 acre tract, same being the
396	388		southwesterly corner of said 11.02 acre tract, and continuing for a
397	389		total distance of 1833.86 feet to the northwesterly corner of said
398	390		11.02 acre tract;
399	391		THENCE, S 58° 44' E, with the northerly line of said 11.02 acre
400	392		tract, 1614.18 feet to a point in the westerly right-of-way line of
401	393		said Ranch Road 12, at the northeasterly corner of said 11.02 acre
402	394		tract;
403	395		THENCE, N 29° 01' 42" E, with the westerly right-of-way line
404	396		of said Ranch Road 12, 1614.9 feet (calculated) to the most easterly
405	397		southeast corner of said 139.16 acre tract;
406	398		THENCE, N 58° 44' W, with the easterly south line of said
407	399		139.16 acre tract, 600.00 feet to an ell corner of said 139.16 acre
408	400		tract;
409	401		THENCE, with an easterly line of said 139.16 acre tract, the
410	402		following four (4) courses:
411	403		1) S 31° 16' W, 446.38 feet;
412	404		2) S 39° 56' W, 156.68 feet;
413	405		3) S 08° 04' E, 37.25 feet;
414	406		4) S 31° 16' W, 469.92 feet to the most southerly southeast
415	407		corner of said 139.16 acre tract;
416	408		THENCE, N 58° 44' W, with the westerly south line of said
417	409		139.16 acre tract, 1466.48 feet to the most southerly southwest
418	410		corner of said 139.16 acre tract;
419	411		THENCE, with the westerly line of said 139.16 acre tract, the
420	412		following four (4) courses:
421	413		1) N 09° 36' W, 910.69 feet;
422	414		2) N 29° 46' E, 541.97 feet;
423	415		3) N 29° 51' E, 867.20 feet;
424	416		4) N 29° 58' E, 537.44 feet to the northwest corner of said
425	417		139.16 acre tract;
426	418		THENCE, with the northerly line of said 139.16 acre tract,
427	419		the following thirteen (13) courses:
428	420		1) S 42° 30' E, 225.80 feet;
429	421		2) S 17° 52' E, 395.01 feet;
430	422		3) S 37° 43' E, 432.07 feet;
431	423		4) S 57° 56' E, 741.70 feet;
432	424		5) S 41° 58' E, 328.55 feet;
433	425		6) S 59° 20' E, 143.73 feet;
434	426		7) S 88° 59' E, 220.97 feet;
435	427		8) N 74° 41' E, 139.23 feet;
436	428		9) S 70° 49' E, 284.34 feet;
437	429		10) S 52° 43' E, 247.45 feet;
438	430		11) S 68° 29' E, 358.25 feet;
439	431		12) N 51° 55' E, 134.38 feet;
440	432		13) S 58° 25' E, 379.90 feet to a point in the westerly
441	433		right-of-way line of said Ranch Road 12, at the northeast corner of
442	434		said 139.16 acre tract;
443	435		THENCE, S 56° 03' 31" E, across said Ranch Road 12,137.2 feet
444	436		(calculated), to the POINT OF BEGINNING.
445	437		SECTION 3. (a) The legal notice of the intention to
446	438		introduce this Act, setting forth the general substance of this
447	439		Act, has been published as provided by law, and the notice and a
448	440		copy of this Act have been furnished to all persons, agencies,
449	441		officials, or entities to which they are required to be furnished
450	442		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
451	443		Government Code.
452	444		(b) The governor, one of the required recipients, has
453	445		submitted the notice and Act to the Texas Commission on
454	446		Environmental Quality.
455	447		(c) The Texas Commission on Environmental Quality has filed
456	448		its recommendations relating to this Act with the governor, the
457	449		lieutenant governor, and the speaker of the house of
458	450		representatives within the required time.
459	451		(d) All requirements of the constitution and laws of this
460	452		state and the rules and procedures of the legislature with respect
461	453		to the notice, introduction, and passage of this Act are fulfilled
462	454		and accomplished.
463	455		SECTION 4. (a) If this Act does not receive a two-thirds
464	456		vote of all the members elected to each house, Subchapter C, Chapter
465	457		7916, Special District Local Laws Code, as added by Section 1 of
466	458		this Act, is amended by adding Section 7916.106 to read as follows:
467	459		Sec. 7916.106. NO EMINENT DOMAIN POWER. The district may
468	460		not exercise the power of eminent domain.
469	461		(b) This section is not intended to be an expression of a
470	462		legislative interpretation of the requirements of Section 17(c),
471	463		Article I, Texas Constitution.
472	464		SECTION 5. This Act takes effect immediately if it receives
473	465		a vote of two-thirds of all the members elected to each house, as
474	466		provided by Section 39, Article III, Texas Constitution. If this
475	467		Act does not receive the vote necessary for immediate effect, this
476	468		Act takes effect September 1, 2015.
477		-	* * * * *
	469	+	______________________________ ______________________________
	470	+	President of the Senate Speaker of the House
	471	+	I certify that H.B. No. 4183 was passed by the House on May
	472	+	12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not
	473	+	voting.
	474	+	______________________________
	475	+	Chief Clerk of the House
	476	+	I certify that H.B. No. 4183 was passed by the Senate on May
	477	+	26, 2015, by the following vote: Yeas 30, Nays 1.
	478	+	______________________________
	479	+	Secretary of the Senate
	480	+	APPROVED: _____________________
	481	+	Date
	482	+	_____________________
	483	+	Governor