Texas 2015 - 84th Regular

Texas House Bill HB4204 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Farney (Senate Sponsor - Schwertner) H.B. No. 4204
2		-	(In the Senate - Received from the House May 20, 2015;
3		-	May 21, 2015, read first time and referred to Committee on
4		-	Administration; May 24, 2015, reported favorably by the following
5		-	vote: Yeas 4, Nays 0; May 24, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4204
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the creation of the Williamson County Municipal Utility
12	5		District No. 33; granting a limited power of eminent domain;
13	6		providing authority to issue bonds; providing authority to impose
14	7		assessments, fees, and taxes.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	10		Code, is amended by adding Chapter 7959 to read as follows:
18	11		CHAPTER 7959. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 33
19	12		SUBCHAPTER A. GENERAL PROVISIONS
20	13		Sec. 7959.001. DEFINITIONS. In this chapter:
21	14		(1) "Board" means the district's board of directors.
22	15		(2) "Commission" means the Texas Commission on
23	16		Environmental Quality.
24	17		(3) "Director" means a board member.
25	18		(4) "District" means the Williamson County Municipal
26	19		Utility District No. 33.
27	20		Sec. 7959.002. NATURE OF DISTRICT. The district is a
28	21		municipal utility district created under Section 59, Article XVI,
29	22		Texas Constitution.
30	23		Sec. 7959.003. CONFIRMATION AND DIRECTORS' ELECTION
31	24		REQUIRED. The temporary directors shall hold an election to
32	25		confirm the creation of the district and to elect five permanent
33	26		directors as provided by Section 49.102, Water Code.
34	27		Sec. 7959.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	28		temporary directors may not hold an election under Section 7959.003
36	29		until each municipality in whose corporate limits or
37	30		extraterritorial jurisdiction the district is located has
38	31		consented by ordinance or resolution to the creation of the
39	32		district and to the inclusion of land in the district.
40	33		Sec. 7959.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
41	34		The district is created to serve a public purpose and benefit.
42	35		(b) The district is created to accomplish the purposes of:
43	36		(1) a municipal utility district as provided by
44	37		general law and Section 59, Article XVI, Texas Constitution; and
45	38		(2) Section 52, Article III, Texas Constitution, that
46	39		relate to the construction, acquisition, improvement, operation,
47	40		or maintenance of macadamized, graveled, or paved roads, or
48	41		improvements, including storm drainage, in aid of those roads.
49	42		Sec. 7959.006. INITIAL DISTRICT TERRITORY. (a) The
50	43		district is initially composed of the territory described by
51	44		Section 2 of the Act enacting this chapter.
52	45		(b) The boundaries and field notes contained in Section 2 of
53	46		the Act enacting this chapter form a closure. A mistake made in the
54	47		field notes or in copying the field notes in the legislative process
55	48		does not affect the district's:
56	49		(1) organization, existence, or validity;
57	50		(2) right to issue any type of bond for the purposes
58	51		for which the district is created or to pay the principal of and
59	52		interest on a bond;
60	53		(3) right to impose a tax; or
61	54		(4) legality or operation.
62	55		SUBCHAPTER B. BOARD OF DIRECTORS
63	56		Sec. 7959.051. GOVERNING BODY; TERMS. (a) The district is
64	57		governed by a board of five elected directors.
65	58		(b) Except as provided by Section 7959.052, directors serve
66	59		staggered four-year terms.
67	60		Sec. 7959.052. TEMPORARY DIRECTORS. (a) On or after the
68	61		effective date of the Act enacting this chapter, the owner or owners
69	62		of a majority of the assessed value of the real property in the
70	63		district may submit a petition to the commission requesting that
71	64		the commission appoint as temporary directors the five persons
72	65		named in the petition. The commission shall appoint as temporary
73	66		directors the five persons named in the petition.
74	67		(b) Temporary directors serve until the earlier of:
75	68		(1) the date permanent directors are elected under
76	69		Section 7959.003; or
77	70		(2) the fourth anniversary of the effective date of
78	71		the Act enacting this chapter.
79	72		(c) If permanent directors have not been elected under
80	73		Section 7959.003 and the terms of the temporary directors have
81	74		expired, successor temporary directors shall be appointed or
82	75		reappointed as provided by Subsection (d) to serve terms that
83	76		expire on the earlier of:
84	77		(1) the date permanent directors are elected under
85	78		Section 7959.003; or
86	79		(2) the fourth anniversary of the date of the
87	80		appointment or reappointment.
88	81		(d) If Subsection (c) applies, the owner or owners of a
89	82		majority of the assessed value of the real property in the district
90	83		may submit a petition to the commission requesting that the
91	84		commission appoint as successor temporary directors the five
92	85		persons named in the petition. The commission shall appoint as
93	86		successor temporary directors the five persons named in the
94	87		petition.
95	88		SUBCHAPTER C. POWERS AND DUTIES
96	89		Sec. 7959.101. GENERAL POWERS AND DUTIES. The district has
97	90		the powers and duties necessary to accomplish the purposes for
98	91		which the district is created.
99	92		Sec. 7959.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	93		DUTIES. The district has the powers and duties provided by the
101	94		general law of this state, including Chapters 49 and 54, Water Code,
102	95		applicable to municipal utility districts created under Section 59,
103	96		Article XVI, Texas Constitution.
104	97		Sec. 7959.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	98		52, Article III, Texas Constitution, the district may design,
106	99		acquire, construct, finance, issue bonds for, improve, operate,
107	100		maintain, and convey to this state, a county, or a municipality for
108	101		operation and maintenance macadamized, graveled, or paved roads, or
109	102		improvements, including storm drainage, in aid of those roads.
110	103		Sec. 7959.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
111	104		project must meet all applicable construction standards, zoning and
112	105		subdivision requirements, and regulations of each municipality in
113	106		whose corporate limits or extraterritorial jurisdiction the road
114	107		project is located.
115	108		(b) If a road project is not located in the corporate limits
116	109		or extraterritorial jurisdiction of a municipality, the road
117	110		project must meet all applicable construction standards,
118	111		subdivision requirements, and regulations of each county in which
119	112		the road project is located.
120	113		(c) If the state will maintain and operate the road, the
121	114		Texas Transportation Commission must approve the plans and
122	115		specifications of the road project.
123	116		(d) The district shall convey the public roads constructed
124	117		by or on behalf of the district under Section 7959.103 to Williamson
125	118		County for ownership, operation, and maintenance by the county.
126	119		After the 12th anniversary of the date the county accepts
127	120		conveyance of the roads, the district shall maintain the public
128	121		roads located in the district, except that the county shall
129	122		maintain the east-west arterial roadway located in the district
130	123		north of the San Gabriel River and south of State Highway 29. The
131	124		district's obligation to maintain the public roads located in the
132	125		district ceases if all of the territory of the district is annexed
133	126		by a municipality.
134	127		Sec. 7959.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
135	128		OR RESOLUTION. The district shall comply with all applicable
136	129		requirements of any ordinance or resolution that is adopted under
137	130		Section 54.016 or 54.0165, Water Code, and that consents to the
138	131		creation of the district or to the inclusion of land in the
139	132		district.
140	133		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
141	134		Sec. 7959.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
142	135		district may issue, without an election, bonds and other
143	136		obligations secured by:
144	137		(1) revenue other than ad valorem taxes; or
145	138		(2) contract payments described by Section 7959.153.
146	139		(b) The district must hold an election in the manner
147	140		provided by Chapters 49 and 54, Water Code, to obtain voter approval
148	141		before the district may impose an ad valorem tax or issue bonds
149	142		payable from ad valorem taxes.
150	143		(c) The district may not issue bonds payable from ad valorem
151	144		taxes to finance a road project unless the issuance is approved by a
152	145		vote of a two-thirds majority of the district voters voting at an
153	146		election held for that purpose.
154	147		Sec. 7959.152. OPERATION AND MAINTENANCE TAX. (a) If
155	148		authorized at an election held under Section 7959.151, the district
156	149		may impose an operation and maintenance tax on taxable property in
157	150		the district in accordance with Section 49.107, Water Code.
158	151		(b) The board shall determine the tax rate. The rate may not
159	152		exceed the rate approved at the election.
160	153		Sec. 7959.153. CONTRACT TAXES. (a) In accordance with
161	154		Section 49.108, Water Code, the district may impose a tax other than
162	155		an operation and maintenance tax and use the revenue derived from
163	156		the tax to make payments under a contract after the provisions of
164	157		the contract have been approved by a majority of the district voters
165	158		voting at an election held for that purpose.
166	159		(b) A contract approved by the district voters may contain a
167	160		provision stating that the contract may be modified or amended by
168	161		the board without further voter approval.
169	162		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
170	163		Sec. 7959.201. AUTHORITY TO ISSUE BONDS AND OTHER
171	164		OBLIGATIONS. The district may issue bonds or other obligations
172	165		payable wholly or partly from ad valorem taxes, impact fees,
173	166		revenue, contract payments, grants, or other district money, or any
174	167		combination of those sources, to pay for any authorized district
175	168		purpose.
176	169		Sec. 7959.202. TAXES FOR BONDS. At the time the district
177	170		issues bonds payable wholly or partly from ad valorem taxes, the
178	171		board shall provide for the annual imposition of a continuing
179	172		direct ad valorem tax, without limit as to rate or amount, while all
180	173		or part of the bonds are outstanding as required and in the manner
181	174		provided by Sections 54.601 and 54.602, Water Code.
182	175		Sec. 7959.203. BONDS FOR ROAD PROJECTS. At the time of
183	176		issuance, the total principal amount of bonds or other obligations
184	177		issued or incurred to finance road projects and payable from ad
185	178		valorem taxes may not exceed one-fourth of the assessed value of the
186	179		real property in the district.
187	180		SECTION 2. The Williamson County Municipal Utility District
188	181		No. 33 initially includes all the territory contained in the
189	182		following area:
190	183		TRACT 1:
191	184		BEING 103.78 ACRES OF LAND OUT OF THE HENRY GARMES SURVEY,
192	185		ABSTRACT NO. 269, IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED
193	186		OF TWO TRACTS: TRACT ONE BEING ALL OF A 25.32 ACRE TRACT, AND TRACT
194	187		TWO BEING A PORTION OF A 217.19 ACRE TRACT, BOTH CONVEYED TO LANCE
195	188		ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY TRUST BY
196	189		CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. 2013046424
197	190		OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, THEREIN
198	191		DESIGNATED AS "TRACT 3B, AND "TRACT 6" RESPECTIVELY, AND BEING MORE
199	192		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
200	193		BEGINNING at a 1/2" rebar found for an angle point in the
201	194		easterly line of said 217.19 acre tract, being the southwest corner
202	195		of a 5.00 acre tract of land conveyed to Victor E. Landig, Jr. and
203	196		Cathy Jayne Landig by instrument of record in Doc. No. 2006029147
204	197		of the Official Public. Records of Williamson County, from which a
205	198		1/2" rebar found for the northwest corner of said 5.00 acre tract
206	199		and the southwest corner of a remainder of a 76.97 tract of land
207	200		conveyed to Alice Catherine Alexander by deed of record in Volume
208	201		611, Page 699 of the Deed Records of Williamson County, Texas, bears
209	202		North 22°03'28" West a distance of 560.54 feet (record - North
210	203		22°03'22" West a distance of 560.34 feet); [Point of Beginning
211	204		Coordinates: Northing=10,199,823.40; Easting=3,079,831.80];
212	205		THENCE North 68°33'37" East (record - North 68°33'32" East),
213	206		along the easterly line of the 217.19 acre tract and the south line
214	207		of the 5.00 acre tract, a distance of 438.82 feet (record - 438.82
215	208		feet) to a 1/2" rebar set with plastic cap which reads "Baseline
216	209		Inc" for the southeast corner of the 5.00 acre tract and the
217	210		southwest corner of a 5.865 acre tract of land conveyed to April D.
218	211		Goldston by instrument of record in Doc. No. 2010062124 of the
219	212		Official Public. Records of Williamson County;
220	213		THENCE along the easterly line of the 217.19 acre tract and
221	214		the south line of said 5.865 acre tract, the following two (2)
222	215		courses:
223	216		1. North 68°35'59" East a distance of 263.12 feet (record -
224	217		North 68°35'54" East a distance of 463.32 feet) to a 1/2" rebar
225	218		found;
226	219		2. North 68°42'39" East a distance of 623.44 feet (record -
227	220		North 68°41'15" East a distance of 623.24 feet) to a 1/2" rebar found
228	221		for the southeast corner of the 5.865 acre tract, being an angle
229	222		point in the easterly line of the 217.19 acre tract, and being in
230	223		the west right-of-way line of County Road 267
231	224		(R.O.W. varies);
232	225		THENCE along the easterly line of the 217.19 acre tract and
233	226		the west right-of-way line of said County Road 267, the following
234	227		six (6) courses:
235	228		1. South 16°04'02" West a distance of 826.82 feet (record -
236	229		South 16°03'22" West a distance of 826.66 feet) to a 1/2" rebar
237	230		found;
238	231		2. South 17°35'30" West a distance of 373.19 feet (record -
239	232		South 17°34'53" West a distance of 373.41 feet) to a 1/2" rebar
240	233		found;
241	234		3. South 17°40'03" West a distance of 516.92 feet (record -
242	235		South 17°40'17" West a distance of 516.79 feet) to a 1/2" rebar
243	236		found;
244	237		4. South 17°45'01" West a distance of 365.35 feet (record -
245	238		South 17°44'20" West a distance of 365.35 feet) to a 1/2" rebar
246	239		found;
247	240		5. South 16°35'03" West a distance of 191.68 feet (record -
248	241		South 16°33'50" West a distance of 191.67 feet) to an iron pipe
249	242		found;
250	243		6. South 14°36'17" West a distance of 170.36 feet (record -
251	244		South 14°37'23" West a distance of 170.49 feet) to a 1/2" rebar found
252	245		for the southeast corner of the 217.19 acre tract, the northeast
253	246		corner of said 25.32 acre tract, and also being the northeast corner
254	247		of a 10.00 acre tract of land conveyed to A.S. Event Center by
255	248		instrument of record in Doc. No. 2003090619 of the Official Public.
256	249		Records of Williamson County;
257	250		THENCE along the easterly line of the 25.32 acre tract and the
258	251		north, west and south lines of said 10.00 acre tract, the following
259	252		three (3) courses:
260	253		1. South 66°27'07" West a distance of 852.12 feet (record -
261	254		South 66°28'39" West a distance of 852.23 feet) to a 1/2" rebar found
262	255		for the northwest corner of the 10.00 acre tract;
263	256		2. South 05°44'14" West a distance of 604.88 feet (record -
264	257		South 05°43'19" West a distance of 605.96 feet) to a 1/2" rebar found
265	258		for the southwest corner of the 10.00 acre tract;
266	259		3. North 87°19'10" East a distance of 465.08 feet (record -
267	260		North 87°18'08" East a distance of 465.08 feet) to a 1/2" rebar found
268	261		for the southeast corner of the 10.00 acre tract in the west
269	262		right-of-way line of County Road 267;
270	263		THENCE South 17°31'00" West (record - South 17°28'56" West),
271	264		along the easterly line of the 25.32 acre tract and the west
272	265		right-of-way line of County Road 267, a distance of 335.09 feet
273	266		(record - 335.09 feet) to a 60d nail found in a fence post for the
274	267		southeast corner of the 25.32 acre tract, and being the point of
275	268		intersection of the west right-of-way line of County Road 267 and
276	269		the northerly right-of-way line of County Road 266 (R.O.W. varies);
277	270		THENCE along the southerly line of the 25.32 acre tract and
278	271		the northerly right-of-way line of said County Road 266, the
279	272		following seven (7) courses:
280	273		1. South 51°44'53" West a distance of 55.21 feet (record -
281	274		South 51°46'03" West a distance of 55.18 feet) to a 60d nail found in
282	275		the base of a tree;
283	276		2. South 80°09'00" West a distance of 44.98 feet (record -
284	277		South 79°58'15" West a distance of 44.18 feet) to a 60d nail found in
285	278		the base of a tree;
286	279		3. North 82°18'12" West a distance of 179.19 feet (record -
287	280		North 82°22'43" West a distance of 179.96 feet) to a 1/2" rebar
288	281		found;
289	282		4. North 82°07'47" West a distance of 341.84 feet (record -
290	283		North 82°06'23" West a distance of 341.86 feet) to a 1/2" rebar
291	284		found;
292	285		5. North 76°20'42" West a distance of 83.65 feet (record -
293	286		North 73°27'42" West a distance of 83.69 feet) to a 60d nail found in
294	287		the base of a tree;
295	288		6. North 74°46'28" West a distance of 70.00 feet (record -
296	289		North 74°47'12" West a distance of 69.92 feet) to a 1/2" rebar found;
297	290		7. North 73°56'43" West a distance of 113.46 feet (record -
298	291		North 74°00'03" West a distance of 113.52 feet) to a 1/2" rebar found
299	292		for the southwest corner of the 25.32 acre tract;
300	293		THENCE along the westerly line of the 25.32 acre tract and the
301	294		easterly right-of-way line of County Road 266, the following seven
302	295		(7) courses:
303	296		1. North 24°25'57" West a distance of 93.03 feet (record -
304	297		North 24°30'30" West a distance of 92.81 feet) to a 60d nail found in
305	298		the base of a tree;
306	299		2. North 17°11'25" West a distance of 443.82 feet (record -
307	300		North 17°10'08" West a distance of 444.10 feet) to a 1/2" rebar
308	301		found;
309	302		3. North 14°23'15" West a distance of 103.26 feet (record -
310	303		North 14°20'12" West a distance of 103.28 feet) to a 1/2" rebar
311	304		found;
312	305		4. North 08°37'57" West a distance of 75.27 feet (record -
313	306		North 08°31'48" west a distance of 75.28 feet) to a 60d nail found in
314	307		the base of a tree;
315	308		5. North 08°13'20" West a distance of 152.73 feet (record -
316	309		North 08°20'03" West a distance of 152.64 feet) to a 1/2" rebar
317	310		found;
318	311		6. North 03°21'57" East a distance of 152.83 feet (record -
319	312		North 03°21'04" East a distance of 152.82 feet) to a 60d nail found
320	313		in the base of a tree;
321	314		7. North 03°09'03" East a distance of 177.62 feet (record -
322	315		North 03°08'01" East a distance of 177.62 feet) to a 1/2" rebar found
323	316		for the northwest corner of the 25.32 acre tract and the southwest
324	317		corner of the 217.19 acre tract;
325	318		THENCE along the westerly line of the 217.19 acre tract and
326	319		the easterly right-of-way line of County Road 266, the following
327	320		thirty thirteen (13) courses:
328	321		1. North 03°09'58" East a distance of 127.35 feet (record -
329	322		North 03°12'45" East a distance of 127.22 feet) to a 60d nail found;
330	323		2. North 00°48'25" East a distance of 132.62 feet (record -
331	324		North 00°48'27" East a distance of 132.67 feet) to a 1/2" rebar
332	325		found;
333	326		3. North 70°13'23" West a distance of 14.05 feet (record -
334	327		North 70°23'56" West a distance of 14.03 feet) to a 1/2" rebar found;
335	328		4. North 03°28'12" East a distance of 45.34 feet (record -
336	329		North 03°26'17" East a distance of 45.34 feet) to a 1/2" rebar found;
337	330		5. North 03°58'46° East a distance of 154.32 feet (record -
338	331		North 03°58'14" East a distance of 154.28 feet) to a 1/2" rebar
339	332		found;
340	333		6. North 04°18'06" East a distance of 59.61 feet (record -
341	334		North 04°18'41" East a distance of 59.67 feet) to a 1/2" rebar found;
342	335		7. North 09°03'35" East a distance of 325.14 feet (record -
343	336		North 09°02'50" East a distance of 325.07 feet) to a 1/2" rebar
344	337		found;
345	338		8. North 09°04'57" East a distance of 84.09 feet (record -
346	339		North 09°05'17" East a distance of 84.06 feet) to a 1/2" rebar found;
347	340		9. North 00°25'19' East a distance of 51.00 feet (record -
348	341		North 00°16'21" East a distance of 51.03 feet) to a 1/2" rebar found;
349	342		10. North 03°12'51" West a distance of 41.32 feet (record -
350	343		North 02°55'40" West a distance of 41.25 feet) to a 60d nail found;
351	344		11. North 08°52'38" West a distance of 59.36 feet (record -
352	345		North 08°59'25" West a distance of 59.42 feet) to a 1/2" rebar found;
353	346		12. North 21°53'31" West a distance of 108.62 feet (record -
354	347		North 21°49'14" West a distance of 108.75 feet) to a 1/2" rebar
355	348		found;
356	349		13. North 29°55'12" West (record - North 29°51'30" West) a
357	350		distance of 243.38 feet to a calculated point, from which a 1/2"
358	351		rebar found for an angle point in the westerly line of the 217.19
359	352		acre tract and the easterly right-of-way line of County Road 266,
360	353		bears North 29°55'12" West (record - North 29°51'30" West) a distance
361	354		of 20.03 feet;
362	355		THENCE crossing through the 217.19 acre tract the following
363	356		two (2) courses:
364	357		1. North 67°04'21" East a distance of 357.92 feet to a
365	358		calculated point;
366	359		2. North 68°51'37" East a distance of 844.71 feet to the
367	360		POINT OF BEGINNING, and containing 103.78 acres of land, more or
368	361		less, out of the Henry Garmes Survey, Abstract no. 269, in
369	362		Williamson County, Texas.
370	363		TRACT 2:
371	364		BEING 80.17 ACRES OF LAND OUT OF THE HENRY GARMES SURVEY,
372	365		ABSTRACT NO. 269, IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED
373	366		OF TWO TRACTS: TRACT ONE BEING A PORTION OF AN 86.67 ACRE TRACT, AND
374	367		TRACT TWO BEING ALL OF A 61.35 ACRE TRACT, BOTH CONVEYED TO LANCE
375	368		ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY TRUST BY
376	369		CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. 2013046424
377	370		OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, THEREIN
378	371		DESIGNATED AS "TRACT 2" AND "TRACT 3A' RESPECTIVELY, AND BEING MORE
379	372		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
380	373		BEGINNING at a 60d nail found in the base of a tree in the
381	374		easterly line of said 61.35 acre tract and the westerly
382	375		right-of-way line of County Road 266 (R.O.W. varies) [Point of
383	376		Beginning Coordinates: Northing=10,196,888.73; Easting=
384	377		3,078,918.32];
385	378		THENCE South 29°51'22" West (record - South 29°53'52" West),
386	379		along the easterly line of the 61.35 acre tract and the westerly
387	380		right-of-way line of said County Road 266, passing at a distance of
388	381		84.99 feet (record - 84.97 feet) a 1/2" rebar found, and continuing
389	382		for a total distance of 200.88 feet (record - 200.88 feet) to a
390	383		calculated point in the approximate centerline of the South San
391	384		Gabriel River, for the southeast corner of the 61.35 acre tract, and
392	385		being in the north line of Lot 47, South San Gabriel Ranches, a
393	386		subdivision of record in Volume B, Pages 86-87 of the Plat Records
394	387		of Williamson County, Texas;
395	388		THENCE along the southwesterly line of the 61.35 acre tract,
396	389		the northerly line of said South San Gabriel Ranches, and along the
397	390		approximate centerline of said South San Gabriel River the
398	391		following two (2) courses:
399	392		1. North 61°18'12" West a distance of 210.89 (record - North
400	393		61°17'50" West a distance of 210.89) to a calculated point;
401	394		2. North 60°47'01" West a distance of 184.01 (record - North
402	395		60°46'39" West a distance of 184.01) to a calculated point in the
403	396		north line of Lot 1, South San Gabriel Ranches;
404	397		THENCE North 58°57'38" West (record - North 58°58'11" West),
405	398		along the southwesterly line of the 61.35 acre tract, the northerly
406	399		line of South San Gabriel Ranches, along the northerly line of High
407	400		Gabriel East, Section 1, a subdivision of record in Volume B, Pages
408	401		254-255 of the Plat Records of Williamson County, Texas, and also
409	402		along the approximate centerline of the South San Gabriel River a
410	403		distance of 1141.31 (record - 1141.01 feet) to a calculated point in
411	404		the north line of Lot 9, of said High Gabriel East, Section 1;
412	405		THENCE North 53°23'04" West (record - North 53°22'42" West),
413	406		along the southwesterly line of the 61.35 acre tract, the north line
414	407		of High Gabriel East, Section 1, along the northerly line of High
415	408		Gabriel East, Section 2, a subdivision of record in Volume B, Pages
416	409		296-298 of the Plat Records of Williamson County, Texas, and also
417	410		along the approximate centerline of the South San Gabriel River a
418	411		distance of 520.13 (record - 520.13 feet) to a calculated point in
419	412		the north line of Lot 1, of said High Gabriel East, Section 2;
420	413		THENCE North 60°21'43" West (record - North 60°21'21" West),
421	414		along the southwesterly line of the 61.35 acre tract, the westerly
422	415		line of the 86.67 acre tract, the northerly line of High Gabriel
423	416		East, Section 2, and along the approximate centerline of the South
424	417		San Gabriel River, a distance of 991.15 feet (record - 991.15 feet)
425	418		to a calculated point in the north line of Lot 6, of said High
426	419		Gabriel East, Section 2;
427	420		THENCE North 73°06'31" West (record - North 73°06'09" West),
428	421		along the westerly line of the 86.67 acre tract, the northerly line
429	422		of High Gabriel East, Section 2, and along the approximate
430	423		centerline of the South San Gabriel River, a distance of 169.18 feet
431	424		(record - 169.18 feet) to a calculated point for the southeast
432	425		corner of a 6.669 acre tract of land conveyed to Emogene M. Champion
433	426		by instrument of record in Doc. No. 2008083903 of the Official
434	427		Public Records of Williamson County, Texas, and being in the
435	428		northerly line of Lot 7, of High Gabriel East, Section 2;
436	429		THENCE crossing through the 86.67 acre tract the following
437	430		three (3) courses:
438	431		1. North 86°26'35" East a distance of 317.04 feet to a
439	432		calculated point;
440	433		2. North 66°30'58" East a distance of 2337.55 feet to a
441	434		calculated point;
442	435		3. North 67°04'21" East a distance of 269.04 feet to a
443	436		calculated point in the east line of the 86.67 acre tract and the
444	437		westerly right-of-way line of County Road 266, from which a 60d nail
445	438		found in the base of a tree for an angle point in the east line of
446	439		the 86.67 acre tract and the westerly right-of-way line of County
447	440		Road 266, bears North 32°09'56" West (record - North 32°04'55" West)
448	441		a distance of 125.54 feet;
449	442		THENCE along the east line of the 86.67 acre tract and the
450	443		westerly right-of-way line of County Road 266, the following four
451	444		(4) courses:
452	445		1. South 32°09'56" East (record - South 32°04'55" East) a
453	446		distance of 172.79 feet to a 1/2" rebar found;
454	447		2. South 24°39'36" East a distance of 130.90 feet (record -
455	448		South 24°40'25" East a distance of 130.83 feet) to a 60d nail found
456	449		in the base of a tree;
457	450		3. South 18°45'47" East a distance of 48.38 feet (record -
458	451		South 18°51'04" East a distance of 48.40 feet) to a 60d nail found in
459	452		the base of a tree;
460	453		4. South 12°11'02" East a distance of 25.73 feet (record -
461	454		South 12°06'15" East a distance of 25.85 feet) to a 1/2" rebar found
462	455		for the southeast corner of the 86.67 acre tract and the northeast
463	456		corner of said 61.35 acre tract;
464	457		THENCE along the easterly line of the 61.35 acre tract and the
465	458		westerly right-of-way line of County Road 266 the following
466	459		thirteen (13) courses:
467	460		1. South 12°10'36" East a distance of 37.58 feet (record -
468	461		South 12°06'15" East a distance of 37.46 feet) to a 60d nail found in
469	462		the base of a tree;
470	463		2. South 04°05'37" East a distance of 39.38 feet (record -
471	464		South 04°03'42" East a distance of 39.37 feet) to a 60d nail found in
472	465		the base of a tree;
473	466		3. South 08°51'22" West a distance of 377.06 feet (record -
474	467		South 08°50'15" West a distance of 376.99 feet) to a 60d nail found
475	468		in the base of a tree;
476	469		4. South 67°58'02" West a distance of 11.20 feet (record -
477	470		South 67°40'51" West a distance of 11.11 feet) to a 60d nail found in
478	471		the base of a tree;
479	472		5. South 02°40'01" West a distance of 280.55 feet (record -
480	473		South 02°42'46" West a distance of 280.54 feet) to a 60d nail found
481	474		in the base of a tree;
482	475		6. South 00°33'19" West a distance of 242.63 feet (record -
483	476		South 00°31'17" West a distance of 242.70 feet) to a 1/2" rebar
484	477		found;
485	478		7. South 02°17'45" West a distance of 378.35 feet (record -
486	479		South 02°19'20" West a distance of 378.31 feet) to a 60d nail found
487	480		in the base of a tree;
488	481		8. South 01°07'22" East a distance of 173.37 feet (record -
489	482		South 01°14'59" East a distance of 173.37 feet) to a 1/2" rebar
490	483		found;
491	484		9. South 20°38'34" East a distance of 141.41 feet (record -
492	485		South 20°38'50" East a distance of 141.39 feet) to a 1/2" rebar
493	486		found;
494	487		10. South 14°23'21" East a distance of 158.55 feet (record -
495	488		South 14°20'44" East a distance of 158.60 feet) to a 60d nail found
496	489		in the base of a tree;
497	490		11. South 10°38"15" East a distance of 12.99 feet (record -
498	491		South 10°39'10" East a distance of 12.99 feet) to a 1/2" rebar found;
499	492		12. South 14°47'56" East a distance of 32.45 feet (record -
500	493		South 14°48'48" East a distance of 32.47 feet) to a 1/2" rebar found;
501	494		13. South 13°14'54" East a distance of 286.23 feet (record -
502	495		South 13°15'49" East a distance of 286.23 feet) to the POINT OF
503	496		BEGINNING, and containing 80.17 acres of land, more or less, out of
504	497		the Henry Garmes Survey, Abstract no. 269, in Williamson County,
505	498		Texas.
506	499		SECTION 3. (a) The legal notice of the intention to
507	500		introduce this Act, setting forth the general substance of this
508	501		Act, has been published as provided by law, and the notice and a
509	502		copy of this Act have been furnished to all persons, agencies,
510	503		officials, or entities to which they are required to be furnished
511	504		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
512	505		Government Code.
513	506		(b) The governor, one of the required recipients, has
514	507		submitted the notice and Act to the Texas Commission on
515	508		Environmental Quality.
516	509		(c) The Texas Commission on Environmental Quality has filed
517	510		its recommendations relating to this Act with the governor, the
518	511		lieutenant governor, and the speaker of the house of
519	512		representatives within the required time.
520	513		(d) All requirements of the constitution and laws of this
521	514		state and the rules and procedures of the legislature with respect
522	515		to the notice, introduction, and passage of this Act are fulfilled
523	516		and accomplished.
524	517		SECTION 4. (a) If this Act does not receive a two-thirds
525	518		vote of all the members elected to each house, Subchapter C, Chapter
526	519		7959, Special District Local Laws Code, as added by Section 1 of
527	520		this Act, is amended by adding Section 7959.106 to read as follows:
528	521		Sec. 7959.106. NO EMINENT DOMAIN POWER. The district may
529	522		not exercise the power of eminent domain.
530	523		(b) This section is not intended to be an expression of a
531	524		legislative interpretation of the requirements of Section 17(c),
532	525		Article I, Texas Constitution.
533	526		SECTION 5. This Act takes effect immediately if it receives
534	527		a vote of two-thirds of all the members elected to each house, as
535	528		provided by Section 39, Article III, Texas Constitution. If this
536	529		Act does not receive the vote necessary for immediate effect, this
537	530		Act takes effect September 1, 2015.
538		-	* * * * *
	531	+	______________________________ ______________________________
	532	+	President of the Senate Speaker of the House
	533	+	I certify that H.B. No. 4204 was passed by the House on May
	534	+	19, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
	535	+	voting.
	536	+	______________________________
	537	+	Chief Clerk of the House
	538	+	I certify that H.B. No. 4204 was passed by the Senate on May
	539	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	540	+	______________________________
	541	+	Secretary of the Senate
	542	+	APPROVED: _____________________
	543	+	Date
	544	+	_____________________
	545	+	Governor