Texas 2015 - 84th Regular

Texas Senate Bill SB2072 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Campbell S.B. No. 2072
2		-	(In the Senate - Filed May 6, 2015; May 7, 2015, read first
3		-	time and referred to Committee on Intergovernmental Relations;
4		-	May 13, 2015, reported favorably by the following vote: Yeas 6,
5		-	Nays 0; May 13, 2015, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10		-	AN ACT
11	5		relating to the creation of the Hays County Municipal Utility
12	6		District No. 7; granting a limited power of eminent domain;
13	7		providing authority to issue bonds; providing authority to impose
14	8		assessments, fees, and taxes.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	11		Code, is amended by adding Chapter 7916 to read as follows:
18	12		CHAPTER 7916. HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
19	13		SUBCHAPTER A. GENERAL PROVISIONS
20	14		Sec. 7916.001. DEFINITIONS. In this chapter:
21	15		(1) "Board" means the district's board of directors.
22	16		(2) "Commission" means the Texas Commission on
23	17		Environmental Quality.
24	18		(3) "Director" means a board member.
25	19		(4) "District" means the Hays County Municipal Utility
26	20		District No. 7.
27	21		Sec. 7916.002. NATURE OF DISTRICT. The district is a
28	22		municipal utility district created under Section 59, Article XVI,
29	23		Texas Constitution.
30	24		Sec. 7916.003. CONFIRMATION AND DIRECTORS' ELECTION
31	25		REQUIRED. The temporary directors shall hold an election to
32	26		confirm the creation of the district and to elect five permanent
33	27		directors as provided by Section 49.102, Water Code.
34	28		Sec. 7916.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	29		temporary directors may not hold an election under Section 7916.003
36	30		until each municipality in whose corporate limits or
37	31		extraterritorial jurisdiction the district is located has
38	32		consented by ordinance or resolution to the creation of the
39	33		district and to the inclusion of land in the district.
40	34		Sec. 7916.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	35		(a) The district is created to serve a public purpose and benefit.
42	36		(b) The district is created to accomplish the purposes of:
43	37		(1) a municipal utility district as provided by
44	38		general law and Section 59, Article XVI, Texas Constitution; and
45	39		(2) Section 52, Article III, Texas Constitution, that
46	40		relate to the construction, acquisition, improvement, operation,
47	41		or maintenance of macadamized, graveled, or paved roads, or
48	42		improvements, including storm drainage, in aid of those roads.
49	43		Sec. 7916.006. INITIAL DISTRICT TERRITORY. (a) The
50	44		district is initially composed of the territory described by
51	45		Section 2 of the Act enacting this chapter.
52	46		(b) The boundaries and field notes contained in Section 2 of
53	47		the Act enacting this chapter form a closure. A mistake made in the
54	48		field notes or in copying the field notes in the legislative process
55	49		does not affect the district's:
56	50		(1) organization, existence, or validity;
57	51		(2) right to issue any type of bond for the purposes
58	52		for which the district is created or to pay the principal of and
59	53		interest on a bond;
60	54		(3) right to impose a tax; or
61	55		(4) legality or operation.
62	56		SUBCHAPTER B. BOARD OF DIRECTORS
63	57		Sec. 7916.051. GOVERNING BODY; TERMS. (a) The district is
64	58		governed by a board of five elected directors.
65	59		(b) Except as provided by Section 7916.052, directors serve
66	60		staggered four-year terms.
67	61		Sec. 7916.052. TEMPORARY DIRECTORS. (a) On or after the
68	62		effective date of the Act enacting this chapter, the owner or owners
69	63		of a majority of the assessed value of the real property in the
70	64		district may submit a petition to the commission requesting that
71	65		the commission appoint as temporary directors the five persons
72	66		named in the petition. The commission shall appoint as temporary
73	67		directors the five persons named in the petition.
74	68		(b) Temporary directors serve until the earlier of:
75	69		(1) the date permanent directors are elected under
76	70		Section 7916.003; or
77	71		(2) the fourth anniversary of the effective date of
78	72		the Act enacting this chapter.
79	73		(c) If permanent directors have not been elected under
80	74		Section 7916.003 and the terms of the temporary directors have
81	75		expired, successor temporary directors shall be appointed or
82	76		reappointed as provided by Subsection (d) to serve terms that
83	77		expire on the earlier of:
84	78		(1) the date permanent directors are elected under
85	79		Section 7916.003; or
86	80		(2) the fourth anniversary of the date of the
87	81		appointment or reappointment.
88	82		(d) If Subsection (c) applies, the owner or owners of a
89	83		majority of the assessed value of the real property in the district
90	84		may submit a petition to the commission requesting that the
91	85		commission appoint as successor temporary directors the five
92	86		persons named in the petition. The commission shall appoint as
93	87		successor temporary directors the five persons named in the
94	88		petition.
95	89		SUBCHAPTER C. POWERS AND DUTIES
96	90		Sec. 7916.101. GENERAL POWERS AND DUTIES. The district has
97	91		the powers and duties necessary to accomplish the purposes for
98	92		which the district is created.
99	93		Sec. 7916.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	94		DUTIES. The district has the powers and duties provided by the
101	95		general law of this state, including Chapters 49 and 54, Water Code,
102	96		applicable to municipal utility districts created under Section 59,
103	97		Article XVI, Texas Constitution.
104	98		Sec. 7916.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	99		52, Article III, Texas Constitution, the district may design,
106	100		acquire, construct, finance, issue bonds for, improve, operate,
107	101		maintain, and convey to this state, a county, or a municipality for
108	102		operation and maintenance macadamized, graveled, or paved roads, or
109	103		improvements, including storm drainage, in aid of those roads.
110	104		Sec. 7916.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	105		road project must meet all applicable construction standards,
112	106		zoning and subdivision requirements, and regulations of each
113	107		municipality in whose corporate limits or extraterritorial
114	108		jurisdiction the road project is located.
115	109		(b) If a road project is not located in the corporate limits
116	110		or extraterritorial jurisdiction of a municipality, the road
117	111		project must meet all applicable construction standards,
118	112		subdivision requirements, and regulations of each county in which
119	113		the road project is located.
120	114		(c) If the state will maintain and operate the road, the
121	115		Texas Transportation Commission must approve the plans and
122	116		specifications of the road project.
123	117		Sec. 7916.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	118		OR RESOLUTION. The district shall comply with all applicable
125	119		requirements of any ordinance or resolution that is adopted under
126	120		Section 54.016 or 54.0165, Water Code, and that consents to the
127	121		creation of the district or to the inclusion of land in the
128	122		district.
129	123		SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
130	124		Sec. 7916.151. DIVISION OF DISTRICT; PREREQUISITES. The
131	125		district may be divided into two or more new districts only if the
132	126		district:
133	127		(1) has never issued any bonds; and
134	128		(2) is not imposing ad valorem taxes.
135	129		Sec. 7916.152. LAW APPLICABLE TO NEW DISTRICT. This
136	130		chapter applies to any new district created by division of the
137	131		district, and a new district has all the powers and duties of the
138	132		district.
139	133		Sec. 7916.153. LIMITATION ON AREA OF NEW DISTRICT. A new
140	134		district created by the division of the district may not, at the
141	135		time the new district is created, contain any land outside the area
142	136		described by Section 2 of the Act enacting this chapter.
143	137		Sec. 7916.154. DIVISION PROCEDURES. (a) The board, on its
144	138		own motion or on receipt of a petition signed by the owner or owners
145	139		of a majority of the assessed value of the real property in the
146	140		district, may adopt an order dividing the district.
147	141		(b) The board may adopt an order dividing the district
148	142		before or after the date the board holds an election under Section
149	143		7916.003 to confirm the district's creation.
150	144		(c) An order dividing the district must:
151	145		(1) name each new district;
152	146		(2) include the metes and bounds description of the
153	147		territory of each new district;
154	148		(3) appoint temporary directors for each new district;
155	149		and
156	150		(4) provide for the division of assets and liabilities
157	151		between the new districts.
158	152		(d) On or before the 30th day after the date of adoption of
159	153		an order dividing the district, the district shall file the order
160	154		with the commission and record the order in the real property
161	155		records of each county in which the district is located.
162	156		Sec. 7916.155. CONFIRMATION ELECTION FOR NEW DISTRICT.
163	157		(a) A new district created by the division of the district shall
164	158		hold a confirmation and directors' election as required by Section
165	159		7916.003.
166	160		(b) If the creation of the new district is confirmed, the
167	161		new district shall provide the election date and results to the
168	162		commission.
169	163		Sec. 7916.156. TAX OR BOND ELECTION. Before a new district
170	164		created by the division of the district may impose a maintenance tax
171	165		or issue bonds payable wholly or partly from ad valorem taxes, the
172	166		new district must hold an election as required by this chapter to
173	167		obtain voter approval.
174	168		Sec. 7916.157. MUNICIPAL CONSENT. Municipal consent to the
175	169		creation of the district and to the inclusion of land in the
176	170		district granted under Section 7916.004 acts as municipal consent
177	171		to the creation of any new district created by the division of the
178	172		district and to the inclusion of land in the new district.
179	173		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
180	174		Sec. 7916.201. ELECTIONS REGARDING TAXES OR BONDS.
181	175		(a) The district may issue, without an election, bonds and other
182	176		obligations secured by:
183	177		(1) revenue other than ad valorem taxes; or
184	178		(2) contract payments described by Section 7916.203.
185	179		(b) The district must hold an election in the manner
186	180		provided by Chapters 49 and 54, Water Code, to obtain voter approval
187	181		before the district may impose an ad valorem tax or issue bonds
188	182		payable from ad valorem taxes.
189	183		(c) The district may not issue bonds payable from ad valorem
190	184		taxes to finance a road project unless the issuance is approved by a
191	185		vote of a two-thirds majority of the district voters voting at an
192	186		election held for that purpose.
193	187		Sec. 7916.202. OPERATION AND MAINTENANCE TAX. (a) If
194	188		authorized at an election held under Section 7916.201, the district
195	189		may impose an operation and maintenance tax on taxable property in
196	190		the district in accordance with Section 49.107, Water Code.
197	191		(b) The board shall determine the tax rate. The rate may not
198	192		exceed the rate approved at the election.
199	193		Sec. 7916.203. CONTRACT TAXES. (a) In accordance with
200	194		Section 49.108, Water Code, the district may impose a tax other than
201	195		an operation and maintenance tax and use the revenue derived from
202	196		the tax to make payments under a contract after the provisions of
203	197		the contract have been approved by a majority of the district voters
204	198		voting at an election held for that purpose.
205	199		(b) A contract approved by the district voters may contain a
206	200		provision stating that the contract may be modified or amended by
207	201		the board without further voter approval.
208	202		SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
209	203		Sec. 7916.251. AUTHORITY TO ISSUE BONDS AND OTHER
210	204		OBLIGATIONS. The district may issue bonds or other obligations
211	205		payable wholly or partly from ad valorem taxes, impact fees,
212	206		revenue, contract payments, grants, or other district money, or any
213	207		combination of those sources, to pay for any authorized district
214	208		purpose.
215	209		Sec. 7916.252. TAXES FOR BONDS. At the time the district
216	210		issues bonds payable wholly or partly from ad valorem taxes, the
217	211		board shall provide for the annual imposition of a continuing
218	212		direct ad valorem tax, without limit as to rate or amount, while all
219	213		or part of the bonds are outstanding as required and in the manner
220	214		provided by Sections 54.601 and 54.602, Water Code.
221	215		Sec. 7916.253. BONDS FOR ROAD PROJECTS. At the time of
222	216		issuance, the total principal amount of bonds or other obligations
223	217		issued or incurred to finance road projects and payable from ad
224	218		valorem taxes may not exceed one-fourth of the assessed value of the
225	219		real property in the district.
226	220		SECTION 2. The Hays County Municipal Utility District No. 7
227	221		initially includes all the territory contained in the following
228	222		area:
229	223		DESCRIPTION OF NINE (9) PARCELS OF LAND (1) CALLED TO BE
230	224		1051.23 ACRES OF LAND OUT OF THE ANTHONY G. DAVY SURVEY NO. 38,
231	225		A-148, THE MARCUS D. RAPER SURVEY NO. 37, A-394, AND THE EDWARD W.
232	226		BROWN SURVEY NO. 136, A-44, DESCRIBED IN A DEED TO ANARENE
233	227		INVESTMENTS, LTD., OF RECORD IN VOLUME 2639, PAGE 410, OF THE
234	228		OFFICIAL PUBLIC RECORDS OF HAYS COUNTY TEXAS, (2) CALLED TO BE 206.2
235	229		ACRES OF LAND OUT OF THE EDWARD W. BROWN SURVEY NO. 136, A-44, AND
236	230		THE PHILIP A. SMITH SURVEY NO. 26, A-415, DESCRIBED IN A DEED TO
237	231		ANARENE INVESTMENTS, LTD., OF RECORD IN VOLUME 2639, PAGE 403, OF
238	232		THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, (3) CALLED TO BE
239	233		139.16 ACRES OUT OF THE ANTHONY G. DAVY SURVEY NO. 38, A-148,
240	234		DESCRIBED AS TRACT 1, (4) CALLED TO BE 11.02 ACRES OUT OF THE
241	235		ANTHONY G. DAVY SURVEY NO. 39, A-148, DESCRIBED AS TRACT 2, (5)
242	236		CALLED TO BE 11.00 ACRES OUT OF THE ANTHONY G. DAVY SURVEY NO. 38,
243	237		A-148, DESCRIBED AS TRACT 3, (6) CALLED TO BE 11.05 ACRES OUT OF THE
244	238		ANTHONY G. DAVY SURVEY NO. 38, A-148, DESCRIBED AS TRACT 4, (7)
245	239		CALLED TO BE 226.11 ACRES OUT OF THE EDWARD W. BROWN SURVEY NO. 136,
246	240		A-44, DESCRIBED AS TRACT 5, SAVE AND EXCEPT 25.7398 ACRES DESCRIBED
247	241		IN A DEED TO THE CITY OF DRIPPING SPRINGS, OF RECORD IN VOLUME 4467,
248	242		PAGE 508, OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, (8)
249	243		CALLED TO BE 17.80 ACRES OUT OF THE GEORGE W. LINDSEY SURVEY NO.
250	244		138, A-280, AND THE EDWARD W. BROWN SURVEY NO. 136, A-44, (3-8) ALL
251	245		DESCRIBED IN A DEED TO ANARENE INVESTMENTS, LTD., OF RECORD IN
252	246		VOLUME 2639, PAGE 420, OF THE OFFICIAL PUBLIC RECORDS OF HAYS
253	247		COUNTY, TEXAS, AND (9) CALLED TO BE 29.78 ACRES, DESCRIBED IN A DEED
254	248		TO ANALENE INVESTMENTS, LTD, OF RECORD IN VOLUME 2639, PAGE 400, OF
255	249		THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS. THE FOLLOWING
256	250		DESCRIPTION IS A COMPILATION OF INFORMATION FROM THE ABOVE
257	251		MENTIONED DEEDS OF RECORD AND IN NO WAY REPRESENTS A SURVEY ON THE
258	252		GROUND.
259	253		BEGINNING in the easterly right-of-way of Ranch Road 12, at
260	254		the northwest corner of said 1051.23 acre tract;
261	255		THENCE, with the northerly and easterly lines of said 1051.23
262	256		acre tract the following nineteen (19) courses:
263	257		1) N 84° 54' 13" E, 41.10 feet;
264	258		2) S 54° 58' 12" E, 349.54 feet;
265	259		3) S 46° 30' 30" E, 373.94 feet;
266	260		4) S 75° 31' 52" E, 280.39 feet;
267	261		5) S 87° 28' 36" E, 509.18 feet;
268	262		6) N 70° 52' 58" E, 436.06 feet;
269	263		7) N 74° 15' 19" E, 335.56 feet;
270	264		8) S 60° 04' 22" E, 195.80 feet;
271	265		9) S 28° 26' 22" E, 244.50 feet;
272	266		10) S 01° 37' 38" W, 503.50 feet;
273	267		11) S 16° 09' 38" W, 587.50 feet;
274	268		12) S 34° 41' 38" W, 697.70 feet;
275	269		13) S 09° 57' 38" W, 414.80 feet;
276	270		14) S 20° 16' 22" E, 327.40 feet;
277	271		15) S 37° 29' 22" E, 126.60 feet;
278	272		16) S 54° 33' 38" W, 280.20 feet;
279	273		17) S 62° 30' 22" E, 466.67 feet;
280	274		18) S 58° 21' 22" E, 511.36 feet;
281	275		19) S 27° 42' 18" W, 4426.48 feet to the most northerly
282	276		corner of said 29.78 acre tract;
283	277		THENCE, with the easterly line of said 29.78 acre tract, the
284	278		following two (2) courses:
285	279		1) S 29° 36' 26" E, 931/41 feet;
286	280		2) S 60° 36' 50" W 1551.06 feet to the northeast corner of
287	281		said 206.2 acre tract;
288	282		THENCE, with the east line of said 206.2 acre tract the
289	283		following fifteen (15) courses:
290	284		1) S 24° 30' 16" E, 46.65 feet;
291	285		2) S 15° 29' 56" E, 280.55 feet;
292	286		3) S 15° 36' 02" E, 182.44 feet;
293	287		4) S 06° 30' 37" W, 104.00 feet;
294	288		5) S 02° 19' 28" E, 55.08 feet;
295	289		6) S 14° 50' 58" W, 71.24 feet;
296	290		7) S 07° 20' 07" W, 154.45 feet;
297	291		8) S 07° 07' 05" W, 263.18 feet;
298	292		9) S 17° 20' 44" W, 196.99 feet;
299	293		10) S 01° 55' 39" W 330.60 feet;
300	294		11) S 01° 28' 16" W, 273.89 feet;
301	295		12) S 04° 26' 22" E, 42.77 feet;
302	296		13) S 00° 29' 14" E 238.72 feet;
303	297		14) S 00° 26' 31" W, 353.54 feet;
304	298		15) S 01° 05' 28" W, 706.28 feet to the southeast corner of
305	299		said 206.2 acre tract;
306	300		THENCE, with the south line of said 206.28 acre tract, the
307	301		following three (3) courses:
308	302		1) N 87° 23' W, 482.22 feet;
309	303		2) N 84° 43' W, 425.43 feet;
310	304		3) N 84° 47' W, 587.97 feet to the southwest corner of said
311	305		206.2 acre tract;
312	306		THENCE, with the westerly line of said 206.2 acre tract, the
313	307		following four (4) courses:
314	308		1) N 35° 19' 20" W, 1263.76 feet;
315	309		2) N 41° 23' 11" W, 1696.56 feet;
316	310		3) N 41° 43' 03" W, 764.40 feet;
317	311		4) N 41° 16' 40" W, 437.00 feet to a point in the south line
318	312		of said 1051.23 acre tract at the northwest corner of said 206.2
319	313		acre tract;
320	314		THENCE, S 88° 07' 17"W, approximately 443.3 feet (calculated)
321	315		to the most southerly southwest corner of said 1051.23 acre tract;
322	316		THENCE, with a westerly line of said 1051.23 acre tract, the
323	317		following nine (9) courses:
324	318		1) N 03° 04' 29" W, 631.00 feet;
325	319		2) N 74° 12' 57" E, 295.30 feet;
326	320		3) N 64° 28' 29" E, 427.51 feet;
327	321		4) N 02° 32' 52" E 669.83 feet;
328	322		5) N 86 13' 48" W, 349.56 feet;
329	323		6) N 03° 46' 12" E, 50.00 feet;
330	324		7) N 86° 13' 48" W, 120.00 feet;
331	325		8) N 03° 46' 12" E, 40.00 feet;
332	326		9) N 86° 13' 48" W, 418.83 feet to a point in the west
333	327		right-of-way line of said Ranch Road 12, at the most westerly
334	328		southwest corner of said 1051.23 acre tract;
335	329		THENCE, S 26° 09' 19" W, across said Ranch Road 12, 456.1 feet
336	330		(calculated), to the southeast corner of said 226.11 acre tract;
337	331		THENCE, N 27° 34' W, with the south line of said 226.11 acre
338	332		tract, 325.2 feet (calculated) to the southeast corner of said
339	333		25.7398 acre tract out of said 226.11 acre tract;
340	334		THENCE, N 14° 36' 32" E, with the easterly line of said 25.7398
341	335		acre tract, 1469.96 feet;
342	336		THENCE, N 49° 13' 13" W, with the northerly line of said
343	337		25.7398 acre tract, 598.82 feet;
344	338		THENCE, S 45° 59' 39" W, with the westerly line of said 25.7398
345	339		acre tract, 1153.28 feet to a point in the south line of said 226.11
346	340		acre tract, at the southwest corner of said 25.7398 acre tract;
347	341		THENCE, N 46° 16' W, with the southerly line of said 226.11
348	342		acre tract, 4567.50 feet to the southwest corner of said 226.11 acre
349	343		tract;
350	344		THENCE, with the west line of said 226.11 acre tract, the
351	345		following five (5) courses:
352	346		1) N 00° 25' W, 453.14 feet;
353	347		2) N 00° 31' W 460.69 feet;
354	348		3) N 00° 13' W, 335.96 feet;
355	349		4) N 00° 10' W, 332.87 feet;
356	350		5) N 00° 02' E, 70.40 feet to the northwest corner of said
357	351		226.11 acre tract;
358	352		THENCE, S 60° 00' E, with the northerly line of said 226.11
359	353		acre tract, 4804.0 feet (calculated) to the southwest corner of
360	354		said 17.80 acre tract;
361	355		THENCE, with the westerly line of said 17.80 acre tract, the
362	356		following three (3) courses:
363	357		1) N 29° 48' E, 406.76 feet;
364	358		2) N 62° 27' W, 425.33 feet;
365	359		3) N 29° 48' E, 385.15 feet passing the southerly
366	360		right-of-way line of a 50 foot roadway easement, and continuing for
367	361		a total distance of 410.34 feet to a point in the centerline of said
368	362		roadway easement at the northwest corner of said 17.80 acre tract;
369	363		THENCE, with the centerline of said right-of-way easement,
370	364		the following five (5) courses:
371	365		1) S 67° 33' E, 21.40 feet;
372	366		2) A curve to the left having an arc distance of 192.52 feet,
373	367		the chord of which bears S 86° 40' E, 188.97 feet;
374	368		3) N 74° 13' E, 544.89 feet;
375	369		4) A curve to the right having an arc distance of 192.03
376	370		feet, the chord of which bears S 86° 04' E, 188.26 feet;
377	371		5) S 66° 20' E, 109.07 feet to a point in the westerly
378	372		right-of-way line of said Ranch Road 12, at the northeast corner of
379	373		said 17.80 acre tract;
380	374		THENCE, with the westerly right-of-way line of said Ranch
381	375		Road 12, a curve to the right having a radius of 1959.86 feet, an arc
382	376		distance of 511.4 feet, and a chord which bears N 36° 06' 22" E,
383	377		510.0 feet (calculated) to the most southerly corner of said 11.05
384	378		acre tract;
385	379		THENCE, with the westerly line of said 11.05 acre tract, said
386	380		11.00 acre tract, and said 11.02 acre tract, the following four (4)
387	381		courses:
388	382		1) N 04° 48' W, 327.50 feet;
389	383		2) N 41° 55' E, 114.00 feet;
390	384		3) S 75° 06' E, 117.50 feet;
391	385		4) N 09° 37' W, at 852.55 feet passing the northwesterly
392	386		corner of said 11.05 acre tract, same being the southwesterly
393	387		corner of said 11.00 acre tract, at 1402.67 feet, passing the
394	388		northwesterly corner of said 11.00 acre tract, same being the
395	389		southwesterly corner of said 11.02 acre tract, and continuing for a
396	390		total distance of 1833.86 feet to the northwesterly corner of said
397	391		11.02 acre tract;
398	392		THENCE, S 58° 44' E, with the northerly line of said 11.02 acre
399	393		tract, 1614.18 feet to a point in the westerly right-of-way line of
400	394		said Ranch Road 12, at the northeasterly corner of said 11.02 acre
401	395		tract;
402	396		THENCE, N 29° 01' 42" E, with the westerly right-of-way line
403	397		of said Ranch Road 12, 1614.9 feet (calculated) to the most easterly
404	398		southeast corner of said 139.16 acre tract;
405	399		THENCE, N 58° 44' W, with the easterly south line of said
406	400		139.16 acre tract, 600.00 feet to an ell corner of said 139.16 acre
407	401		tract;
408	402		THENCE, with an easterly line of said 139.16 acre tract, the
409	403		following four (4) courses:
410	404		1) S 31° 16' W, 446.38 feet;
411	405		2) S 39° 56' W, 156.68 feet;
412	406		3) S 08° 04' E, 37.25 feet;
413	407		4) S 31° 16' W, 469.92 feet to the most southerly southeast
414	408		corner of said 139.16 acre tract;
415	409		THENCE, N 58° 44' W, with the westerly south line of said
416	410		139.16 acre tract, 1466.48 feet to the most southerly southwest
417	411		corner of said 139.16 acre tract;
418	412		THENCE, with the westerly line of said 139.16 acre tract, the
419	413		following four (4) courses:
420	414		1) N 09° 36' W, 910.69 feet;
421	415		2) N 29° 46' E, 541.97 feet;
422	416		3) N 29° 51' E, 867.20 feet;
423	417		4) N 29° 58' E, 537.44 feet to the northwest corner of said
424	418		139.16 acre tract;
425	419		THENCE, with the northerly line of said 139.16 acre tract,
426	420		the following thirteen (13) courses:
427	421		1) S 42° 30' E, 225.80 feet;
428	422		2) S 17° 52' E, 395.01 feet;
429	423		3) S 37° 43' E, 432.07 feet;
430	424		4) S 57° 56' E, 741.70 feet;
431	425		5) S 41° 58' E, 328.55 feet;
432	426		6) S 59° 20' E, 143.73 feet;
433	427		7) S 88° 59' E, 220.97 feet;
434	428		8) N 74° 41' E, 139.23 feet;
435	429		9) S 70° 49' E, 284.34 feet;
436	430		10) S 52° 43' E, 247.45 feet;
437	431		11) S 68° 29' E, 358.25 feet;
438	432		12) N 51° 55' E, 134.38 feet;
439	433		13) S 58° 25' E, 379.90 feet to a point in the westerly
440	434		right-of-way line of said Ranch Road 12, at the northeast corner of
441	435		said 139.16 acre tract;
442	436		THENCE, S 56° 03' 31" E, across said Ranch Road 12,137.2 feet
443	437		(calculated), to the POINT OF BEGINNING.
444	438		SECTION 3. (a) The legal notice of the intention to
445	439		introduce this Act, setting forth the general substance of this
446	440		Act, has been published as provided by law, and the notice and a
447	441		copy of this Act have been furnished to all persons, agencies,
448	442		officials, or entities to which they are required to be furnished
449	443		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
450	444		Government Code.
451	445		(b) The governor, one of the required recipients, has
452	446		submitted the notice and Act to the Texas Commission on
453	447		Environmental Quality.
454	448		(c) The Texas Commission on Environmental Quality has filed
455	449		its recommendations relating to this Act with the governor, the
456	450		lieutenant governor, and the speaker of the house of
457	451		representatives within the required time.
458	452		(d) All requirements of the constitution and laws of this
459	453		state and the rules and procedures of the legislature with respect
460	454		to the notice, introduction, and passage of this Act are fulfilled
461	455		and accomplished.
462	456		SECTION 4. (a) If this Act does not receive a two-thirds
463	457		vote of all the members elected to each house, Subchapter C, Chapter
464	458		7916, Special District Local Laws Code, as added by Section 1 of
465	459		this Act, is amended by adding Section 7916.106 to read as follows:
466	460		Sec. 7916.106. NO EMINENT DOMAIN POWER. The district may
467	461		not exercise the power of eminent domain.
468	462		(b) This section is not intended to be an expression of a
469	463		legislative interpretation of the requirements of Section 17(c),
470	464		Article I, Texas Constitution.
471	465		SECTION 5. This Act takes effect immediately if it receives
472	466		a vote of two-thirds of all the members elected to each house, as
473	467		provided by Section 39, Article III, Texas Constitution. If this
474	468		Act does not receive the vote necessary for immediate effect, this
475	469		Act takes effect September 1, 2015.
476		-	* * * * *